In January of 2016, the National Conference of State Legislatures (NCSL) published a list of the top ten issues that will be before state legislatures across the nation this year. Since Pennsylvania will close out the 2015-2016 session this fall, it’s worth a look to see what our own elected officials are doing to address each of the issues. The next topic up for consideration: Aging Issues.

Pennsylvania has the fourth oldest population in the country, with over two million citizens aged 65 or older. The need and cost to take care of our seniors— whether they chose to age at home or reside in a long-term care facility— -is continually growing.

Over the course of the 2015-2016 legislative session, the House Aging and Older Adult Services Committee, chaired by Rep. Tim Hennessey (R-Chester), has held over two dozen hearings on issues facing our aging population. Topics included the PA Living Independently for Elders (LIFE) Program, aging demographics, PACE/PACENET issues and challenges facing nursing homes, senior centers and elder abuse. While many legislative initiatives have been borne of those efforts, only a few have been signed into law. Of note:

  • Act 64 of 2015 (H.B. 753 (Schlegal-Culver, R-Cumberland), which updates and expands the focus of the Intra-Governmental Council on Long-Term Care at the Department of Aging;
  • Act 91 of 2015 (H.B. 777 (Grove, R-York), which puts a moratorium on the consideration of cost-of-living adjustments when determining eligibility for the PACE/PACENET programs;
  • Act 20 of 2016 (H.B. 1329, (English, R-Allegheny), which establishes the Caregiver Advise, Record, Enable (CARE) Act to assist seniors as they transition between facilities and home-care; and
  • Act 48 of 2016 (H.B. 264, (Mustio, R-Allegheny), which requires carbon monoxide detectors at care facilities for care-dependent individuals.

A bill sponsored by Rep. Hennessey, H.B. 786, which would make comprehensive updates to the Older Adult Protective Service Act has been a bill to watch, but has yet to be considered in either chamber.

Turning to the Administration, Gov. Wolf identified senior issues as one his priorities very early in his first term of office. To that end, the Governor signed Executive Order 2015-5, implementing an online registry for home-care workers, which can be read here: https://www.governor.pa.gov/executive_orders/executive-order-2015-05-participant-directed-home-care-services/

Beyond traditional aging issues, according to NCSL, states are also examining legislation allowing for “death with dignity” or the “right to die.” A bill in Pennsylvania, S.B. 549, sponsored by Senator Daylin Leach (D-Montgomery), which allows patients with a terminal illness to receive prescription medication to end their lives peacefully, was introduced this session, but there’s been no movement on the bill. However, while Leach’s right to die bill hasn’t had any traction, a “right to try” bill, sponsored by Rep. Robert Godshall (R-Montgomery), passed the House of Representatives unanimously earlier this summer. Godshall’s bill, H.B. 1104, would allow patients with a terminal illness to use investigational or experimental drugs, biologics and devices that are not approved by the United States Food and Drug Administration, and, according the sponsor, recognizes the “fundamental right to attempt to pursue the preservation of life.” The bill is now before the Senate Public Health and Welfare Committee for consideration. Certainly a delicate issue, this is the furthest any legislation of this type has advanced. And though it’s hard to predict if the bill will become law by year’s end, it’s likely to at least be the subject of debate in sessions to come.