Esta ley crea la "Ley para el Desarrollo de Establecimientos para Personas de Edad Avanzada en las Comunidades Especiales de Puerto Rico". Autoriza a la Oficina del Coordinador General para el Financiamiento Socioeconómico y la Autogestión a preparar un proyecto piloto en coordinación con varios departamentos y entidades gubernamentales para promover el desarrollo de establecimientos para personas de edad avanzada en comunidades especiales, con el fin de mejorar el bienestar de los ancianos y fomentar el empleo de sus cuidadores.
(Approved September 23, 2004)
To create the "Act for the Development of Establishments for the Elderly in the Special Communities of Puerto Rico," and authorize the Office of the General Coordinator for Socio-Economic Financing and Self Management to prepare a pilot project in coordination with the Department of Housing, the Department of Health, the Department of the Family, the Gerontology Program of the University of Puerto Rico Medical Sciences Campus, the Economic Development Bank for Puerto Rico and the Office for the Affairs of the Elderly.
Puerto Rico is undergoing changes in its age structure, a characteristic that according to the latest censuses makes one consider the population of Puerto Rico as an aging population. In 1899, only $4 %$ of the population was 60 years old or older. According to the 1990 Population and Housing Census, 465,736 persons, or $13.2 %$ of the total population, were age 60 or over. Between 1980 and 1990, this sector of the population increased by 108,232. In terms of percentages, this was an increase of $30.3 %$. The latest available figures are given by the 2000 Population and Housing Census. As indicated by this source, 585,701 persons were 60 years old or older, which means $15.4 %$ of the total population. It is projected that there shall be $1,008,876(24.6 %)$ senior citizens on the Island by the year 2020.
The poverty level of the elderly population residing in Puerto Rico is $54 %$. It is estimated that only 42,000 elderly persons in Puerto Rico are in the workforce.
All human beings are entitled to the full development of their own person as professionals or as beings that contribute with their work to the wellbeing of our
society, as well as to the development and wellbeing of their family units. The family is the cornerstone of every society. The wellbeing of every society depends upon the fact that the families that comprise the same reach full development, stability and wellbeing as well.
Many people in Puerto Rico, especially low income children and relatives of elderly persons, many of them young, do not have the financial resources to defray the expenses of elderly care for their parents, and if they do receive an income, it is diluted by the high cost of the medication necessary to attend to their health conditions.
Many relatives of elderly persons face problems in obtaining or retaining employment, since they have to spend time in their care.
The following data and needs according to the Summary of Special Needs of the Special Communities of Puerto Rico, prepared by the Office of the General Coordinator for Socio-Economic Financing and Self Management indicated that:
Among the needs of the residents of Puerto Rico's special communities, according to the aforementioned Summary, the following are prominent:
Thus, the Government of the Commonwealth of Puerto Rico acknowledges the importance of the fact that the persons that do not have the necessary financial resources to defray elderly care expenses for themselves (elderly persons) or for their parents or loved ones, and reside in the special communities of Puerto Rico, should have a place within their own community where they can receive care services and multiple activities service centers for the sake of their wellbeing.
This Act shows and reiterates the prioritary commitment of the Government of the Commonwealth of Puerto Rico, with senior citizens as well as with the Puerto Rican family, and above all, with those that have been forsaken through the years.
Section 1.- Title This Act shall be known as the "Act for the Development of Establishments for the Elderly in the Special Communities of Puerto Rico."
Section 2.- Public Policy The public policy of the Office of the General Coordinator for Socio-Economic Financing and Self Management, in coordination with the Department of Housing, the Department of Health, the Department of the Family and the Office for the Affairs of the Elderly, to promote the development of establishments for elderly persons in the special communities of Puerto Rico as a dual tool for achieving the wellbeing of elderly persons and for promoting employment for their children and/or legal guardians who reside with these elderly persons in Puerto Rico's Special Communities.
Section 3.- Definitions For the purposes of this Act, the terms below shall have the meaning that follows:
a) Special Communities - means those communities that have been identified and recognized as such, pursuant to the criteria established
in Act No. 1 of March 1, 2001, as amended. b) Establishments for the Elderly - shall include the following modalities: institution, day care center, multiple activities center, foster home, and day care home, as such terms are defined in the Establishments for the Elderly Act. c) The Special Communities Socio-Economic Development Fund of Puerto Rico - is the fund that was created by virtue of Act No. 1 of March 1, 2001, as amended. d) The Establishments for the Elderly Act - is Act No. 94 of June 22, 1977, as amended. e) The Older Americans Act - is Public Law 89-73, as amended, approved by the United States Congress on July 12, 1965. f) The Federal Community Reinvestment Act - is Public Law 95-128, as amended, which was approved by the United States Congress on October 12, 1977. g) The Office of the General Coordinator for Socio-Economic Financing and Self Management - is the government agency of the Commonwealth of Puerto Rico created by virtue of Act No. 1 of March 1, 2001, as amended.
Section 4.- Pilot Project The Office of the General Coordinator for Socio-Economic Financing and Self Management, in coordination with the Department of Housing, the Department of Health, the Department of the Family and the Office for the Affairs of the Elderly, is hereby authorized to establish a pilot project in those special communities in which a greater need for these services is identified.
The Office of the General Coordinator for Socio-Economic Financing and Self Management, as part of the study conducted on the needs of special communities,
shall identify which of these has a need for establishments for the elderly. With the collaboration of the Office for the Affairs of the Elderly, the Gerontology Program of the University of Puerto Rico Medical Sciences Campus and the Department of Health, the Office of the General Coordinator for Socio-Economic Financing and Self Management shall identify the appropriate modality of establishments for the elderly for each specific community, according to the needs identified therein.
When the study on the needs shows that a certain special community has no need for establishments for the elderly and it is determined that there is a need for adequate housing for the elderly persons residing therein, the Office of the General Coordinator for Socio-Economic Financing and Self Management shall give orientations to the elderly residents about the different programs available, among them, the Housing Rental and Improvement Subsidy Program for the Elderly (Act No. 173 of August 31, 1996, as amended), the Rental Housing Program for Low Income Elderly Persons (Act No. 165 of August 23, 1996, as amended) and shall refer each case for the further attention of the Department of Housing.
The Department of Housing, through the Community Revitalization Administration (ARCO, Spanish acronym), shall establish the mechanisms to foster the development of these establishments for the elderly in the Special Communities of Puerto Rico and to strive towards making it possible to organize these services under a micro-entrepreneurial organization, which shall be in charge of the residents themselves. For such purposes, the Office of the General Coordinator for Socio-Economic Financing and Self Management shall identify and refer to the residents' associations, which shall be trained by the Community Revitalization Administration.
The Department of the Family, pursuant to the "Establishments for the Elderly Act" and the regulations that may apply, shall oversee compliance with such provisions in the establishments for the elderly to be established in the Special
Communities of Puerto Rico. In addition to the provisions in the preceding paragraph of this Section, when the establishment for the elderly is a long-term care establishment, the Office for the Affairs of the Elderly shall also oversee compliance with the laws and regulations that may apply to these establishments that are also under its jurisdiction.
In the establishments for the elderly established in the Special Communities of Puerto Rico by virtue of this Act, the Department of the Family, specifically the Families' and Children's Administration (ADFAN, Spanish acronym), shall offer protection, orientation and counseling services through the Social Services for Elderly Persons and Disabled Adults Program to the elderly in the Special Communities of Puerto Rico. Furthermore, the Department of the Family, through its Socio-Economic Development Administration, shall offer the training provided in Act No. 72 of June 1, 2002, as amended, known as the Special Training in Basic Care Program for Beneficiaries of Social Assistance, to eligible residents of special communities in which the establishments for the elderly provided by this Act shall be established.
The Gerontology Program of the University of Puerto Rico Medical Sciences Campus, utilizing as resources the members of the student community of said Program, shall develop an educational workshop in the establishments for the elderly to provide services.
Section 5.-Regulations The agencies to which this Act refers shall prepare regulations, subject to Act No. 170 of August 12, 1988, the Uniform Administrative Procedures Act, as amended, to establish the rules and operating parameters of these agencies for the development and implementation of the pilot project to which this Act refers, which shall be consistent with all the laws and regulations of the Commonwealth
of Puerto Rico and the Government of the United States of America. Section 6.- Receipt and Administration of Commonwealth, Federal and/or Private Funds
The agencies indicated in this Act, as well as the special communities organized as such as juridical entities, may receive and administer funds proceeding from legislative appropriations and from transfers, delegations, contributions and donations of any sort received from agencies, municipal governments and the Government of the United States of America, as well as those received from persons, non-governmental organizations and other private entities, for the design and implementation of projects, programs or services to be conducted or offered by the establishments for the elderly of the Special Communities of Puerto Rico.
Moreover, in order to comply with the provisions of this Act, among other funds, the agencies indicated in this Act, as well as the special communities organized as such as juridical entities may request funds from the Special Communities Socio-Economic Development Fund, the Loans Program created by Act No. 212 of August 29, 2000, as amended, and the Federal Community Reinvestment Act.
In addition to the aforementioned funds, funds may be requested through the various financing programs of the Economic Development Bank for Puerto Rico, pursuant to the procedures established for such purposes.
Additional funds and services may be requested from the Office for the Affairs of the Elderly, pursuant to the "Older Americans Act."
In addition to the provisions in the above paragraphs of this Section, the Office of the General Coordinator for Socio-Economic Financing and Self Management shall establish a private entity sponsorship program to defray the costs, in whole or in part, for the establishment and operations of the establishments for the elderly in
the Special Communities of Puerto Rico. Section 7.- Applicable Federal Regulations The provisions of this Act shall be subject, whenever pertinent, to strict compliance with the applicable federal regulations promulgated by the Department of Housing and Urban Development (HUD).
Section 8.- Separability Clause If any part of this Act were declared null by a competent court with jurisdiction, said ruling shall not affect or invalidate the remaining provisions of this Act, but rather, its effect shall be limited to the matter that is the object of such ruling.
Section 9.- Effectiveness of the Act This Act shall take effect as of January 1, 2005.
I hereby certify to the Secretary of State that the following Act No. 475 (S.B. 2621) of the $7^{ ext {th }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to create the "Act for the Development of Establishments for the Elderly in the Special Communities of Puerto Rico," and authorize the Office of the General Coordinator for Socio-Economic Financing and Self Management to prepare a pilot project in coordination with the Department of Housing, the Department of Health, the Department of the Family, the Gerontology Program of the University of Puerto Rico Medical Sciences Campus, the Economic Development Bank for Puerto Rico and the Office for the Affairs of the Elderly, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $15^{ ext {th }}$ of October of 2007.
Francisco J. Domenech Director