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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY SOLOBAY, BELFANTI, BRENNAN, CARROLL, CREIGHTON, FABRIZIO, GEIST, GRUCELA, KULA, MAHONEY, McILVAINE SMITH, MELIO, M. O'BRIEN, PICKETT, READSHAW, SCAVELLO, SIPTROTH AND STABACK, MARCH 4, 2009 |
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| REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES, MARCH 4, 2009 |
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| AN ACT |
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1 | Amending the act of July 19, 1979 (P.L.130, No.48), entitled "An |
2 | act relating to health care; prescribing the powers and |
3 | duties of the Department of Health; establishing and |
4 | providing the powers and duties of the State Health |
5 | Coordinating Council, health systems agencies and Health Care |
6 | Policy Board in the Department of Health, and State Health |
7 | Facility Hearing Board in the Department of Justice; |
8 | providing for certification of need of health care providers |
9 | and prescribing penalties," in preliminary provisions and in |
10 | licensing of health care facilities, further providing for |
11 | definitions. |
12 | The General Assembly of the Commonwealth of Pennsylvania |
13 | hereby enacts as follows: |
14 | Section 1. The definition of "health care facility" in |
15 | section 103 of the act of July 19, 1979 (P.L.130, No.48), known |
16 | as the Health Care Facilities Act, amended October 16, 1998 |
17 | (P.L.777, No.95), is amended and the section is amended by |
18 | adding a definition to read: |
19 | Section 103. Definitions. |
20 | The following words and phrases when used in this act shall |
21 | have, unless the context clearly indicates otherwise, the |
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1 | meanings given to them in this section: |
2 | * * * |
3 | "Health care facility." For purposes of Chapter 7, any |
4 | health care facility providing clinically related health |
5 | services, including, but not limited to, a general or special |
6 | hospital, including psychiatric hospitals, rehabilitation |
7 | hospitals, ambulatory surgical facilities, long-term care |
8 | nursing facilities, cancer treatment centers using radiation |
9 | therapy on an ambulatory basis and inpatient drug and alcohol |
10 | treatment facilities, both profit and nonprofit and including |
11 | those operated by an agency or State or local government. The |
12 | term shall also include a hospice and a sleep center, regardless |
13 | of whether the sleep center is operated for profit. The term |
14 | shall not include an office used primarily for the private or |
15 | group practice by health care practitioners where no reviewable |
16 | clinically related health service is offered, a facility |
17 | providing treatment solely on the basis of prayer or spiritual |
18 | means in accordance with the tenets of any church or religious |
19 | denomination or a facility conducted by a religious organization |
20 | for the purpose of providing health care services exclusively to |
21 | clergy or other persons in a religious profession who are |
22 | members of the religious denominations conducting the facility. |
23 | * * * |
24 | "Sleep center." Any sleep disorder center, sleep laboratory |
25 | or other facility, which provides testing and treatment for |
26 | sleep disorders or which otherwise focuses on sleep-related |
27 | breathing disorders. |
28 | * * * |
29 | Section 2. The definition of "health care facility" in |
30 | section 802.1 of the act, amended July 7, 2006 (P.L.334, No.69), |
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1 | is amended and the section is amended by adding a definition to |
2 | read: |
3 | Section 802.1. Definitions. |
4 | The following words and phrases when used in this chapter |
5 | shall have, unless the context clearly indicates otherwise, the |
6 | meanings given them in this section: |
7 | * * * |
8 | "Health care facility." For purposes of Chapter 8, a health |
9 | care facility includes, but is not limited to, a general, |
10 | chronic disease or other type of hospital, a home health care |
11 | agency, a home care agency, a hospice, a long-term care nursing |
12 | facility, cancer treatment centers using radiation therapy on an |
13 | ambulatory basis, an ambulatory surgical facility, a birth |
14 | center or a sleep center regardless of whether such health care |
15 | facility is operated for profit, nonprofit or by an agency of |
16 | the Commonwealth or local government. The department shall have |
17 | the authority to license other health care facilities as may be |
18 | necessary due to emergence of new modes of health care. When the |
19 | department so finds, it shall publish its intention to license a |
20 | particular type of health care facility in the Pennsylvania |
21 | Bulletin in accordance with the act of June 25, 1982 (P.L.633, |
22 | No.181), known as the "Regulatory Review Act." The term health |
23 | care facility shall not include an office used primarily for the |
24 | private practice of a health care practitioner, nor a program |
25 | which renders treatment or care for drug or alcohol abuse or |
26 | dependence unless located within a health facility, nor a |
27 | facility providing treatment solely on the basis of prayer or |
28 | spiritual means. The term health care facility shall not apply |
29 | to a facility which is conducted by a religious organization for |
30 | the purpose of providing health care services exclusively to |
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1 | clergymen or other persons in a religious profession who are |
2 | members of a religious denomination. |
3 | * * * |
4 | "Sleep center." Any sleep disorder center, sleep laboratory |
5 | or other facility, which provides testing and treatment for |
6 | sleep disorders or which focuses on sleep-related breathing |
7 | disorders. |
8 | Section 3. This act shall take effect in 60 days. |
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