Pennsylvania SB 115: An Act amending the act of June 13, 1967 (P.L.31, No.21), known as the Human Services Code, in general powers and duties of the Department of Public Welfare, further providing for personal care home and assisted living residence administrators; providing for liability for false claims, for adoption of Congressional intent of the Federal False Claims Act, for damages, costs and civil penalties, for powers of Attorney General, for qui tam actions and for civil investigative demands; and establishing the Fraud Prevention and Recovery Account.

Bill Text

PRIOR PRINTER'S NO. 66 PRINTER'S NO. 757
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 115
Session of
2025
INTRODUCED BY ARGALL, BROOKS, BOSCOLA, PENNYCUICK, LAUGHLIN,
J. WARD, BROWN, MASTRIANO, GEBHARD, PHILLIPS-HILL,
HUTCHINSON, SCHWANK, ROBINSON, DUSH, FARRY AND COLLETT,
JANUARY 22, 2025
AS AMENDED ON THIRD CONSIDERATION, MAY 6, 2025
AN ACT
Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An
act to consolidate, editorially revise, and codify the public
welfare laws of the Commonwealth," in general powers and
duties of the Department of Public Welfare, further providing
for personal care home and assisted living residence
administrators; and abrogating regulations.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 213 of the act of June 13, 1967 (P.L.31,
No.21), known as the Human Services Code, is amended by adding a
subsection SUBSECTIONS to read:
Section 213. Personal Care Home and Assisted Living
Residence Administrators.--* * *
(f) Notwithstanding any other provision of law to the
contrary, the department shall provide a skills competency
examination to individuals seeking employment as a direct care
staff person in either a personal care home or an assisted
living residence in lieu of successfully obtaining a high school
diploma or GED equivalency. The following shall apply:
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(1) In addition to the duties required of a direct care
staff person, the examination shall include an assessment of
interpersonal communication skills, basic writing and reading
comprehension, understanding of cultural and diverse
communities, awareness of mental and behavioral health needs
and other competencies specific to working in a personal care
home or an assisted living residence.
(2) Nothing in this subsection shall be construed to
permit a direct care staff person from dispensing,
distributing or administering medication.
(G) THE FOLLOWING APPLY REGARDING DIRECT CARE STAFF IN A
PERSONAL CARE HOME OR AN ASSISTED LIVING RESIDENCE:
(1) AN INDIVIDUAL SEEKING EMPLOYMENT AS A DIRECT CARE
STAFF PERSON IN EITHER A PERSONAL CARE HOME OR AN ASSISTED
LIVING RESIDENCE SHALL NOT BE REQUIRED TO SUCCESSFULLY OBTAIN
A HIGH SCHOOL DIPLOMA OR GED EQUIVALENCY IF THE INDIVIDUAL:
(I) IS A CITIZEN OF OR EDUCATED IN ANOTHER COUNTRY;
(II) LAWFULLY RESIDES IN THE UNITED STATES; AND
(III) IS OTHERWISE QUALIFIED AS THE DIRECT CARE
STAFF PERSON.
(2) IF AN INDIVIDUAL MEETS THE REQUIREMENTS UNDER
PARAGRAPH (1), THE PERSONAL CARE HOME OR ASSISTED LIVING
RESIDENCE SHALL NOT BE REQUIRED TO APPLY FOR OR OBTAIN A
WAIVER UNDER 55 PA. CODE § 2600.19 (RELATING TO WAIVERS) OR
2800.19 (RELATING TO WAIVERS).
Section 2. The following shall apply:
(1) In order to facilitate the prompt implementation of
section 213(f) of the act, the Department of Human Services
shall promulgate temporary regulations that shall expire not
later than two years following the publication of the
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temporary regulations. The Department of Human Services may
promulgate temporary regulations not subject to:
(i) Section 612 of the act of April 9, 1929
(P.L.177, No.175), known as The Administrative Code of
1929.
(ii) Sections 201, 202, 203, 204 and 205 of the act
of July 31, 1968 (P.L.769, No.240), referred to as the
Commonwealth Documents Law.
(iii) Sections 204(b) and 301(10) of the act of
October 15, 1980 (P.L.950, No.164), known as the
Commonwealth Attorneys Act.
(iv) The act of June 25, 1982 (P.L.633, No.181),
known as the Regulatory Review Act.
(2) The authority of the Department of Human Services to
adopt temporary regulations under paragraph (1) shall expire
two years after the effective date of this paragraph.
Regulations adopted after this period shall be promulgated as
provided by law.
Section 3. The provisions of 55 Pa. Code §§ 2600.54 and
2800.54 are abrogated insofar as they are inconsistent with the
addition of section 213(f) AND (G) of the act.
Section 4. This act shall take effect in 60 days.
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