35 Pa. Stat. § 10283

Current through Pa Acts 2024-53, 2024-56 through 2024-92

Section 10283 - Access to Congregate Care Facilities for Essential Caregivers

The department, in consultation with the Department of Human Services, shall establish protocols to allow a resident of a congregate care facility or an individual with decision-making authority for the resident to designate an individual as the resident's essential caregiver during a declaration of disaster emergency. A resident of a congregate care facility or an individual with decision-making authority for the resident shall designate an essential caregiver during the intake of the resident into the congregate care facility. An essential caregiver shall meet the necessary qualifications to enter the congregate care facility to provide in-person physical or emotional support to a resident of a congregate care facility in accordance with the protocols established under this section. The department may update the protocols established under this section at any time during the disaster emergency. The department may not update the protocols established under this section to extend the duration of the lock-down phase under paragraph (3) for a time period exceeding 45 days. The protocols shall include all of the following:

(1) Safety measures for an essential caregiver, including, but not limited to, restrictions on travel, enhanced testing for communicable diseases and the necessary safety equipment required to protect the health and safety of the residents of the congregate care facility.

(2) Procedures to replace an essential caregiver due to necessary circumstances, including illness or death of the essential caregiver.

(3) A duration set by the department, in consultation with the Department of Human Services, not to exceed 45 days after a declaration of disaster emergency, when a congregate care facility may enter a lock-down phase during which the congregate care facility shall exclude essential caregivers for the purpose of establishing safety measures for residents of the congregate care facility and essential caregivers.

35 P.S. § 10283

Added by P.L. 355 2021 , July 1, P.L. 355, No. 67, § 3, eff. 8/30/2021.