Pennsylvania HB 1068: An Act providing for licensure of family members to provide skilled care to designated children, for applications for licensure, for qualifications for licensure, for employment and compensation of licensed family members, for limitations and supervision of licensed family members, for notice to parents of recipients and for authorization of covered skilled care.

Bill Text

PRINTER'S NO. 1168
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1068
Session of
2025
INTRODUCED BY MARKOSEK, MADDEN, GIRAL, SMITH-WADE-EL, SANCHEZ,
HILL-EVANS, FREEMAN, DEASY, CERRATO, MALAGARI, STEELE AND
MULLINS, MARCH 31, 2025
REFERRED TO COMMITTEE ON HUMAN SERVICES, MARCH 31, 2025
AN ACT
Providing for licensure of family members to provide skilled
care to designated children, for applications for licensure,
for qualifications for licensure, for employment and
compensation of licensed family members, for limitations and
supervision of licensed family members, for notice to parents
of recipients and for authorization of covered skilled care.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Families
Providing Extraordinary Care Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Applicant." An individual who submits an application to the
board under section 3 to become a licensed family member.
"Board." The State Board of Nursing.
"Child." An individual younger than 21 years of age with a
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diagnosed medical condition for which shift nursing care is
needed.
"Covered skilled care." Medically necessary skilled care
within a recipient's Medicaid or home and community-based
services waiver benefit during an authorization period,
including skilled monitoring, and the unskilled health care
necessary during the same authorization period to the same
extent a nurse would be paid for an authorized shift.
"Decision-maker." Any of the following:
(1) A parent, health care representative or legal
guardian of a child who makes decisions on behalf of the
child.
(2) In the case of a child 18 years of age or older who
does not have a parent, health care representative or legal
guardian, the child or an individual selected by the child to
make decisions on the child's behalf.
"Designated child." A child designated by a licensed family
member to receive skilled care by the licensed family member.
"Eligible family member." Any of the following:
(1) A parent or legal guardian of a child.
(2) A stepparent, grandparent, aunt, uncle or adult
sibling of a child.
(3) A person living with a child.
(4) In the case of a child 18 years of age or older, the
individual selected by the child to be the child's decision-
maker.
"Licensed family member." An individual licensed to provide
skilled care to a child for compensation under this act.
"Medicaid agency." The Office of Medical Assistance Programs
within the Department of Human Services or any of its contracted
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managed care organizations.
"Parent." A biological or adoptive parent.
"Recipient." A child who is enrolled in the medical
assistance program administered by the Department of Human
Services.
"Skilled care." Care related to the practice of practical
nursing as defined in section 2(1) of the act of March 2, 1956
(1955 P.L.1211, No.376), known as the Practical Nurse Law.
"Supervising agency." A Medicare-certified home health
agency or any other similar entity designated by the Department
of Human Services.
Section 3. Application for licensure.
(a) Submission.--In accordance with this act, an individual
may submit an application to the board to provide skilled care
to a designated child for compensation as a licensed family
member in a form and manner determined by the board.
(b) Process.--The board shall be responsible for the
licensure of applicants, including obtaining and maintaining
proof of qualifications under section 4, and shall use the same
procedures as used for licensed practical nurses under the act
of March 2, 1956 (1955 P.L.1211, No.376), known as the Practical
Nurse Law.
Section 4. Qualifications for licensure.
In order to qualify as a licensed family member, an applicant
shall demonstrate proof of all of the following to the board in
an application submitted under section 3:
(1) The applicant is an eligible family member.
(2) The applicant complies with the training
requirements specified under section 5, including receipt of
a written verification of competency from the training entity
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under section 5(5).
(3) The applicant has received a Pennsylvania Child
Abuse History Clearance.
Section 5. Training requirements for applicants and licensed
family members.
The following shall apply:
(1) An applicant or a licensed family member shall
comply with the training requirements of 42 CFR 484.80(b)
(relating to condition of participation: home health aide
services).
(2) An applicant or licensed family member shall also
train in all medical and therapeutic procedures necessary f