| |
|
| |
| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
| |
| SENATE BILL |
|
| |
| |
| INTRODUCED BY KASUNIC, HUGHES, COSTA, KITCHEN, LOGAN, O'PAKE, TARTAGLIONE, BOSCOLA, FERLO, FONTANA, MUSTO, STACK, STOUT, BROWNE AND RAFFERTY, MARCH 2, 2009 |
| |
| |
| REFERRED TO PUBLIC HEALTH AND WELFARE, MARCH 2, 2009 |
| |
| |
| |
| AN ACT |
| |
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," further providing for |
10 | administration by Department of Health. |
11 | The General Assembly of the Commonwealth of Pennsylvania |
12 | hereby enacts as follows: |
13 | Section 1. Section 804 of the act of July 19, 1979 (P.L.130, |
14 | No.48), known as the Health Care Facilities Act, amended |
15 | December 18, 1992 (P.L.1602, No.179), is amended to read: |
16 | Section 804. Administration. |
17 | (a) Discrimination prohibited.--Except as otherwise provided |
18 | by law, no provider shall discriminate in the operation of a |
19 | health care facility on the basis of race, creed, sex or |
20 | national origin. |
21 | (b) Prevention of duplication.--In carrying out the |
|
1 | provisions of this chapter and other statutes of this |
2 | Commonwealth relating to health care facilities, the department |
3 | and other departments and agencies of the State and local |
4 | governments shall make every reasonable effort to prevent |
5 | duplication of inspections and examinations. The department may |
6 | make the dates of licensure expiration coincide with medical |
7 | assistance and Medicare certification or applicable nationally |
8 | recognized accrediting agencies accreditation and shall combine |
9 | these surveys and inspections where practical. |
10 | (c) Health care innovation.--The department shall administer |
11 | this chapter so as to encourage innovation and experimentation |
12 | in health care and health care facilities consistent with the |
13 | provisions of this chapter and shall encourage contributions of |
14 | private funds and services to health care facilities. |
15 | (d) Reports.-- |
16 | (1) The department shall report annually to the General |
17 | Assembly on the effectiveness of the licensing and |
18 | enforcement of this chapter. [Such report shall include |
19 | appropriate data according to nature of facility relating to |
20 | provisional licenses issued, nature of violations of |
21 | regulations and number of facilities against which sanctions |
22 | had to be taken.] The report shall include: |
23 | (i) the total number of facilities licensed in this |
24 | Commonwealth; |
25 | (ii) the number of facilities inspected during the |
26 | preceding year; |
27 | (iii) the number of residents occupying the |
28 | facilities; |
29 | (iv) the number of new licenses issued in the |
30 | previous year; |
|
1 | (v) the number of facilities cited for violations of |
2 | law or regulation; |
3 | (vi) the total number of violations found by the |
4 | department; |
5 | (vii) a numerical breakdown of the violations |
6 | according to type, scope and nature; |
7 | (viii) the number of facilities sanctioned, |
8 | including: |
9 | (A) the number of facilities fined; |
10 | (B) the total amount of fines collected and |
11 | expended; |
12 | (C) the number of facilities issued provisional |
13 | licenses; |
14 | (D) the number of facilities where admissions |
15 | were suspended or banned; |
16 | (E) the number of facilities where temporary |
17 | management was appointed; |
18 | (F) the number of facilities closed for |
19 | deficiencies posing an immediate and serious threat |
20 | to the health or safety of the patients or residents; |
21 | (G) the reasons for the sanctions; |
22 | (H) whether the sanctions were amended or waived |
23 | by the department; and |
24 | (I) the reasons for the amendment or waiver; |
25 | (ix) an overview of the department's complaint |
26 | resolution system, including: |
27 | (A) the number of patient care complaints |
28 | received by the department according to severity; |
29 | (B) the number of complaint investigations |
30 | initiated within the time periods prescribed by the |
|
1 | department; and |
2 | (C) the number of complaint investigations that |
3 | failed to be initiated within the time periods |
4 | prescribed by the department; and |
5 | (x) any other information the department deems |
6 | pertinent. |
7 | (2) The department's initial report shall cover calendar |
8 | year 2008 and shall be submitted to the General Assembly |
9 | within 30 days of the effective date of this subsection. The |
10 | department shall issue an annual report each year thereafter |
11 | which shall be submitted to the General Assembly not later |
12 | than January 30 of the year following the year covered in the |
13 | report. |
14 | Section 2. This act shall take effect immediately. |
|