PRINTER'S NO. 834
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 735
Session of
2023
INTRODUCED BY HAYWOOD, DILLON, SANTARSIERO, FONTANA, PENNYCUICK,
TARTAGLIONE, KEARNEY, KANE, SCHWANK, COSTA AND CAPPELLETTI,
JUNE 6, 2023
REFERRED TO HEALTH AND HUMAN SERVICES, JUNE 6, 2023
AN ACT
1 Prohibiting the charging of admission fees for events for
2 personal care attendants of persons with disabilities; and
3 imposing penalties.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Short title.
7 This act shall be known and may be cited as Michael's Law -
8 Admission Fairness for Personal Care Attendants Act.
9 Section 2. Definitions.
10 The following words and phrases when used in this act shall
11 have the meanings given to them in this section unless the
12 context clearly indicates otherwise:
13 "Attendant care services." The following:
14 (1) Services that enable an eligible individual to live
15 in the eligible individual's home and community and to carry
16 out functions of daily living, self-care and mobility.
17 (2) Services under paragraph (1) shall include:
18 (i) Getting in and out of a bed, wheelchair or motor
 1 vehicle.
2 (ii) Assistance with routine bodily functions,
3 including:
4 (A) Health maintenance activities.
5 (B) Bathing and personal hygiene.
6 (C) Dressing and grooming.
7 (D) Feeding, including preparation and cleanup.
8 (E) Critical cognitive tasks, particularly tasks
9 required to participate in community events, such as
10 managing transportation, handling tickets and
11 communicating with others.
12 (3) The services provided to an individual who is
13 eligible for a home and community-based services waiver
14 program under 42 U.S.C. § 1396n(c) (relating to compliance
15 with State plan and payment provisions).
16 "Eligible individual." An individual with a disability who
17 requires assistance to complete activities of daily living,
18 self-care and mobility, including attendant care services.
19 "Personal care attendant." An individual who provides
20 attendant care services to an eligible individual.
21 "Venue." An entertainment, educational, sporting, cultural
22 or other event open to the public that charges admission.
23 Section 3. Waiving of admission fees for a personal care
24 attendant.
25 A venue shall provide free admission to a personal care
26 attendant whose attendance is necessary to enable an eligible
27 individual to attend an event at the venue. The personal care
28 attendant is not required to be provided a seat and may be
29 directed to a location in close proximity to the eligible
30 individual where the personal care attendant may be
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 1 accommodated. The location where the personal care attendant is
2 directed is not required to be in view of the event.
3 Section 4. Violations.
4 A manager or owner of a venue commits a summary offense if a
5 venue denies a personal care attendant access to an event or
6 charges a personal care attendant an admission fee. If a manager
7 or owner of a venue has three violations of this act in a 12-
8 month period, a subsequent violation shall be a misdemeanor of
9 the third degree. Nothing in this act shall preclude the right
10 of a person denied admission, or for the person with a
11 disability for whom they work, under this act to pursue civil
12 damages.
13 Section 5. Effective date.
14 This act shall take effect in 90 days.
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