Section 581-3 - Powers and duties in general (Adm. Code Section 2203-A)(a) The Department of Aging hereinafter referred to in this article as the department shall, subject to any inconsistent provisions in this act contained, have the power and its duty shall be to:(1) Evaluate the need for services for the aged within the State and determine the extent to which public and private programs meet such a need with special emphasis on the needs and participation of the minority elderly.(2) Assist with planning and provide consultation to State agencies with respect to services, programs and activities which they may furnish to older citizens.(2.1) Develop and periodically update in consultation with the council and the area agencies, a comprehensive plan for coordinating all major Commonwealth services, programs and activities which are directed towards persons with chronic physical or mental impairments which necessitate long-term care.(3) Provide for services to the aging through area agencies for the aging and other appropriate agencies, organizations and institutions authorized in accordance with the Federal Older Americans Act of 1965, related Federal acts, and applicable State law and to stimulate services and opportunities for the aging which are not otherwise available.(4) Function as the sole State agency to receive and disburse Federal funds under the Older Americans Act of 1965 and State funds made available for providing services to older persons.(5) Develop and administer the State plan for the aging required by Federal law.(5.1) Administer the act of November 4, 1983 (P.L. 217, No. 63) , known as the "Pharmaceutical Assistance Contract for the Elderly Act." (6) Serve as an advocate for the aging at all levels of government and to provide consultation and assistance to the area agencies, communities and civic groups developing local services for older persons.(7) Maintain a clearinghouse of information related to the interests of older persons and provide technical assistance and consultation to all agencies, both public and private with respect to programs and services for older persons.(8) Prepare for the Governor an annual budget as may be reasonably required to address the needs of the Pennsylvania Council on Aging and its regional councils.(9) Promote, utilizing, wherever possible, the area agencies, community education regarding the problems of older persons through institutes, publications, and use of communications media.(10) Cooperate with area agencies and agencies of the Federal Government in studies and conferences designed to examine the needs of the aging population and to assist in preparing programs and developing facilities to meet those needs.(11) Promote and support programs, studies and policies, in cooperation with the Departments of Labor and Industry, Education, Community and Economic Development, Public Welfare and other agencies, which will enhance the opportunity for continued work, education and training for older persons and for preretirement assistance where appropriate.(12) Promote, through the use of area agencies and direct grants, contracts and technical assistance, the development of independent senior centers, service organizations, clubs, associations and organizations dedicated to the rights and needs of older persons when these are not in conflict with State or area plans for the aging.(13) Make recommendations for legislative action to the Governor and the General Assembly.(14) In coordination with the area agencies and the council, develop and conduct research, demonstration programs and training programs to advance the interests of older persons.(15) Publish a description of the organization and function of the department so that all interested agencies and individuals may be better able to solicit assistance from the department.(16) Administer and supervise a domiciliary care program for adults.(17) Conduct, in cooperation with appropriate State and local public and private agencies studies and evaluations pertaining to the quality of life, health and social needs, civil rights and status of older persons residing in personal care homes and similar residencies and report such findings and recommendations to the General Assembly.(17.1) In cooperation with the area agencies and Federal, State and local organizations and agencies, work toward the development of a continuum of community-based service and housing options for impaired and chronically ill older persons designed to maintain them in the community and avoid or delay institutional care. System development activities shall include, but not be limited to, coordinating the Commonwealth's plans for the provision, expansion and effective administration of: (i) Personal care and health-related services provided to adults in their homes.(ii) Housing options such as service-assisted housing options and personal care homes.(iii) Special supports to caregivers who care for impaired older persons.(iv) Adult day-care services, respite services and other community-based services to support care by caregivers.(v) The promotion of informal community supports.(vi) Geriatric assessment and nursing home screening programs.(vii) Special services to protect the health, safety and welfare of older persons who lack the capacity to protect themselves.(viii) Special advocacy efforts to promote greater awareness of, and more effective response to, the problems of persons with Alzheimer's disease and other related brain disorders. To the extent that the needs of other adults involve and overlap the needs of older persons addressed by this paragraph, the department shall serve as an advocate for adults of any age.
(17.2) In cooperation with the Department of Health and the Department of Public Welfare: (i) Develop and administer a system of preadmission assessment for persons who are at risk of needing institutional care, if the Governor finds such a system cost effective.(ii) Develop and administer a system of managed community-based long-term care for persons who are assessed as being clinically eligible for nursing home care and who can be cared for within cost-of-care guidelines established by the department, if the Governor finds such a system cost effective.(18) Review all proposed Commonwealth program plans and policies, and administrative regulations that are published in the Pennsylvania Bulletin for their impact on older persons. Where the secretary believes that they have an impact on older persons, he shall comment in accordance with the provisions of the Commonwealth Documents Law. (19) Make and enforce rules and regulations necessary and proper to the performance of its duties.(20) After July 1, 1979 and at the option of the secretary, to administer those provisions of the act of January 22, 1968 (P.L. 42, No. 8), known as the "Pennsylvania Urban Mass Transportation Assistance Law of 1967," which relate to special transit programs for the elderly. The secretary shall confer with the Department of Transportation in order to insure that the regulations promulgated by the Department of Aging do not conflict with those promulgated by the Department of Transportation.(21) Serve as an advocate for the needs of the adult handicapped as such needs involve and overlap the needs and services of older persons.(22) Cooperate with the Pennsylvania Office of Planning in the development of local, regional and Statewide solutions to the needs of older persons.(23) Review the activities of regulatory agencies of the Commonwealth which affect the full and fair utilization of State and community resources for programs and benefits for older persons and initiate programs which will help assure such utilization.(24) Conduct, in cooperation with the Department of Health and the Department of Public Welfare, periodic studies and evaluations pertaining to the quality of care and related services for consumers of long-term care services and report such findings to the General Assembly.(24.1) Conduct, in cooperation with the Department of Health, an ongoing Statewide prescription drug education program designed to inform older adults of the dangers of prescription drug abuse and misuse.(24.2) Establish and administer a State Long-Term Care Ombudsman Program, including providing resources to area agencies on aging or other contractors to investigate and resolve complaints related to the health, safety or rights of older individuals who are consumers of long-term care services and to prepare and submit to the General Assembly an annual report containing data and findings regarding the types of problems experienced and complaints investigated.(25) Collaborate with the Department of Community Affairs and the Pennsylvania Housing Finance Agency in the location, design, management and services of housing built for older persons and upon request provide technical assistance to local housing authorities, nonprofit housing and community groups, redevelopment authorities, and other groups with a special emphasis on programs on utility costs, rehabilitation and maintenance of the homes of older persons.(26) Review and comment on all rules, regulations, eligibility or payment standards issued by the Departments of Public Welfare, Environmental Protection or Labor and Industry relating to the licensure and regulation of nursing homes, hospitals, and other health facilities; medical assistance, supplemental security income; homemaking and home-health care or residential care facilities for older adults. Said rules, regulations and standards shall not take effect until they have been submitted to the department for comment.(27) Review and comment on rules, regulations, eligibility standards, or contract provisions issued by the Departments of Revenue and Transportation relating to activities financed in whole or in part by the Pennsylvania Lottery. Said rules, regulations, eligibility standards and contract provisions shall not take effect until they have been submitted to the department for comment.(28) Review and comment on rules, regulations, eligibility standards or contract provisions issued by the Department of Transportation relating to specialized transportation needs of the elderly and the handicapped in rural and urban areas. Said rules, regulations, eligibility standards or contract provisions shall not take effect until they have been submitted to the department for comment.(29) Provide for services to adults under age sixty whose needs for services are similar to those for which the department is responsible with respect to older persons and as may be specifically authorized by law.(b) In filling vacancies authorized to the department, the secretary shall assure that preference is given to persons sixty years of age or older.1929, April 9, P.L. 177, art. XXII-A, § 2203-A, added 1978 , June 20, P.L. 477, No. 70, § 6, effective 1/1/1979. Amended 1988, Dec. 15, P.L. 1244, No. 153, § 1, effective 1/1/1989. Affected 2007, July 25, P.L. 402, No. 56, §8(4), effective in 90 days [ 10/23/2007]. Amended 2010, July 9, P.L. 348, No. 50, § 9, effective 7/1/2011.