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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY KASUNIC, HUGHES, COSTA, KITCHEN, LOGAN, O'PAKE, TARTAGLIONE, BOSCOLA, FERLO, FONTANA, MUSTO, STACK, STOUT, BROWNE AND RAFFERTY, MARCH 2, 2009 |
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| REFERRED TO PUBLIC HEALTH AND WELFARE, MARCH 2, 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," 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 |
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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.--The department shall report annually to the |
16 | General Assembly on the effectiveness of the licensing and |
17 | enforcement of this chapter. Such report shall include |
18 | appropriate data according to nature of facility relating to |
19 | provisional licenses issued, nature of violations of regulations |
20 | and number of facilities against which sanctions had to be |
21 | taken. |
22 | (e) Toll-free telephone number.--The department shall |
23 | establish and maintain a 24-hour-a-day toll-free telephone |
24 | number for receiving complaints regarding a health care facility |
25 | that the department licenses. The toll-free telephone number |
26 | shall be staffed by live operators 24 hours a day, 365 days a |
27 | year. |
28 | (f) Facilities to post certain telephone numbers.--Health |
29 | care facilities licensed by the department under this chapter |
30 | shall post in conspicuous public places throughout their |
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1 | facilities and in a manner clearly visible to the residents and |
2 | visitors: |
3 | (1) the department's 24-hour-a-day toll-free telephone |
4 | number for receiving complaints established under subsection |
5 | (e); and |
6 | (2) the telephone number of the long-term-care ombudsman |
7 | located within the local area agency on aging as established |
8 | by the Department of Aging. |
9 | Section 2. This act shall take effect immediately. |
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