62 Pa. Stat. § 3063

Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 3063 - 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:

"Alzheimer's disease or a related disorder." An irreversible and progressive neurological disorder diagnosed by a physician that:

(1) causes cognitive and memory impairment, behavioral and psychiatric problems and the loss of the ability to care for oneself;

(2) is severe enough to interfere with work or social activities; and

(3) requires continuous care or supervision.

"Area agency on aging." The single local agency designated by the department within each planning and service area to administer the delivery of a comprehensive and coordinated plan of social and other services and activities in the planning and service area.

"Care receiver." Any of the following:

(1) A functionally dependent older adult who is 60 years of age or older and cared for by a primary caregiver who is 18 years of age or older.

(2) An individual with Alzheimer's disease or a related disorder who is cared for by a caregiver 18 years of age or older.

(3) A child who is younger than 18 years of age who is cared for and resides with an older relative caregiver for a child.

(4) An individual who is between 18 and 59 years of age, has a non-dementia-related disability and is cared for and resides with an older relative caregiver for an individual with a disability.

"Department." The Department of Aging of the Commonwealth.

"Federal poverty guidelines." The poverty guidelines updated periodically in the Federal Register by the Department of Health and Human Services under the authority of section 673 of the Omnibus Budget Reconciliation Act of 1981 (Public Law 97-35, 42 U.S.C. § 9902(2)) .

"Functionally dependent older adult." A person 60 years of age or older residing within this Commonwealth who, because of his or her inability to perform tasks required for daily living as defined through regulation and as assessed by the area agency on aging, needs continuous care or supervision.

"Home modification." Reasonable modifications to the structure of a home for the purpose of reducing the caregiving burden of the primary caregiver, as approved by the department. Modifications do not include repairs, and payment for such repairs is prohibited.

"Household income." The income of all members of the care receiver's household with the exception of a minor or dependent student.

"Income." All income, from whatever source derived, including, but not limited to, wages, salaries, Social Security or railroad retirement income, public assistance income, realized capital gains and workmen's compensation. The department shall determine income amounts and inclusions for purposes of this act through regulation.

"Older relative caregiver for a child." An individual who satisfies all of the following criteria:

(1) The individual is 55 years of age or older and resides with a child who is younger than 18 years of age.

(2) The individual is the grandparent, step-grandparent or other relative, not including the biological or adoptive parent related by blood, marriage or adoption.

(3) The individual is the primary caregiver of the child because the biological or adoptive parents are unable or unwilling to act as the primary caregiver of the child.

(4) The individual has a legal relationship to the child, including legal custody, adoption or guardianship of the child, or is caring for the child in an informal manner.

"Older relative caregiver for an individual with a disability." An individual who satisfies all of the following criteria:

(1) The individual is 55 years of age or older.

(2) The individual cares for and resides with an individual with a disability who is no younger than 18 years of age and no older than 59 years of age.

(3) The individual is the primary caregiver for the individual with a disability.

(4) The individual is the parent, grandparent or other relative of the individual with a disability by blood, marriage or adoption.

"Primary caregiver." The one identified family member or other responsible individual who has primary responsibility for the provision of care, including the coordination of care and services needed to maintain the physical and mental health of the care receiver and who does not receive financial compensation for the care provided.

"Respite care service." A regular, intermittent or emergency service which provides the primary caregiver of a care receiver with relief from normal caregiving duties and responsibilities.

62 P.S. § 3063

Amended by P.L. 52 2021 No. 20, § 3, eff. 8/10/2021.
1990, Dec. 19, P.L. 1234, No. 204, §3, effective in 60 days. Amended 2011 , Dec. 22, P.L. 526, No. 112, § 1, effective in 60 days [ 2/21/2012].