Bill Text: PA SB1009 | 2011-2012 | Regular Session | Introduced

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Bill Title: In preliminary provisions and in licensing of health care facilities, further providing for definitions.

Spectrum: Moderate Partisan Bill (Democrat 5-1)

Status: (Introduced - Dead) 2011-04-28 - Referred to PUBLIC HEALTH AND WELFARE [SB1009 Detail]

Download: Pennsylvania-2011-SB1009-Introduced.html

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PRINTER'S NO. 1123
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1009 Session of2011
INTRODUCED BY SOLOBAY, FONTANA, BREWSTER AND WASHINGTON, APRIL 28, 2011
REFERRED TO PUBLIC HEALTH AND WELFARE, APRIL 28, 2011
AN ACT
Amending the act of July 19, 1979 (P.L.130, No.48), entitled "An
act relating to health care; prescribing the powers and
duties of the Department of Health; establishing and
providing the powers and duties of the State Health
Coordinating Council, health systems agencies and Health Care
Policy Board in the Department of Health, and State Health
Facility Hearing Board in the Department of Justice;
providing for certification of need of health care providers
and prescribing penalties," in preliminary provisions and in
licensing of health care facilities, further providing for
definitions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "health care facility" in
section 103 of the act of July 19, 1979 (P.L.130, No.48), known
as the Health Care Facilities Act, amended October 16, 1998
(P.L.777, No.95), is amended and the section is amended by
adding a definition to read:
Section 103. Definitions.
The following words and phrases when used in this act shall
have, unless the context clearly indicates otherwise, the
meanings given to them in this section:
* * *
"Health care facility." For purposes of Chapter 7, any
health care facility providing clinically related health
services, including, but not limited to, a general or special
hospital, including psychiatric hospitals, rehabilitation
hospitals, ambulatory surgical facilities, long-term care
nursing facilities, cancer treatment centers using radiation
therapy on an ambulatory basis and inpatient drug and alcohol
treatment facilities, both profit and nonprofit and including
those operated by an agency or State or local government. The
term shall also include a hospice and a sleep center, regardless
of whether the sleep center is operated for profit. The term
shall not include an office used primarily for the private or
group practice by health care practitioners where no reviewable
clinically related health service is offered, a facility
providing treatment solely on the basis of prayer or spiritual
means in accordance with the tenets of any church or religious
denomination or a facility conducted by a religious organization
for the purpose of providing health care services exclusively to
clergy or other persons in a religious profession who are
members of the religious denominations conducting the facility.
* * *
"Sleep center." Any sleep disorder center, sleep laboratory
or other facility, which provides testing and treatment for
sleep disorders or which otherwise focuses on sleep-related
breathing disorders.
* * *
Section 2. The definition of "health care facility" in
section 802.1 of the act, amended July 7, 2006 (P.L.334, No.69),
is amended and the section is amended by adding a definition to
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read:
Section 802.1. Definitions.
The following words and phrases when used in this chapter
shall have, unless the context clearly indicates otherwise, the
meanings given them in this section:
* * *
"Health care facility." For purposes of Chapter 8, a health
care facility includes, but is not limited to, a general,
chronic disease or other type of hospital, a home health care
agency, a home care agency, a hospice, a long-term care nursing
facility, cancer treatment centers using radiation therapy on an
ambulatory basis, an ambulatory surgical facility, a birth
center or a sleep center regardless of whether such health care
facility is operated for profit, nonprofit or by an agency of
the Commonwealth or local government. The department shall have
the authority to license other health care facilities as may be
necessary due to emergence of new modes of health care. When the
department so finds, it shall publish its intention to license a
particular type of health care facility in the Pennsylvania
Bulletin in accordance with the act of June 25, 1982 (P.L.633,
No.181), known as the "Regulatory Review Act." The term health
care facility shall not include an office used primarily for the
private practice of a health care practitioner, nor a program
which renders treatment or care for drug or alcohol abuse or
dependence unless located within a health facility, nor a
facility providing treatment solely on the basis of prayer or
spiritual means. The term health care facility shall not apply
to a facility which is conducted by a religious organization for
the purpose of providing health care services exclusively to
clergymen or other persons in a religious profession who are
20110SB1009PN1123 - 3 -
members of a religious denomination.
* * *
"Sleep center." Any sleep disorder center, sleep laboratory
or other facility, which provides testing and treatment for
sleep disorders or which focuses on sleep-related breathing
disorders.
Section 3. This act shall take effect in 60 days.
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