Bill Text: PA SB495 | 2011-2012 | Regular Session | Introduced

---

Bill Title: Providing for nursing home performance information; and requiring nursing homes to maintain inspection reports and to distribute reports to patients or designees.

Sponsorship: Moderate Partisan Bill (Democrat 12-2)

Status: (Introduced - Dead) 2011-02-11 - Referred to PUBLIC HEALTH AND WELFARE [SB495 Detail]

Download: Pennsylvania-2011-SB495-Introduced.html

---

PRINTER'S NO. 496
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 495 Session of2011
INTRODUCED BY KASUNIC, BOSCOLA, BREWSTER, BROWNE, COSTA, FERLO, KITCHEN, RAFFERTY, SOLOBAY, STACK, TARTAGLIONE AND WOZNIAK, FEBRUARY 11, 2011
REFERRED TO PUBLIC HEALTH AND WELFARE, FEBRUARY 11, 2011
AN ACT
Providing for nursing home performance information; and
requiring nursing homes to maintain inspection reports and to
distribute reports to patients or designees.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Nursing Home
Performance Information Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Area agency on aging." An agency designated by the
Department of Aging in accordance with the Older Americans Act
of 1965 (Public Law 89-73, 42 U.S.C. § 3001 et seq.) and Article
XXII-A of the act of April 9, 1929 (P.L.177, No.175), known as
The Administrative Code of 1929, to plan and provide a
comprehensive and coordinated system of services for older
adults and to serve as the advocate for older persons in the
community.
"Consumer guide on nursing home performance." The consumer
guide required to be published by the Department of Health under
the provisions of this act.
"Department." The Department of Health of the Commonwealth.
"Nursing home." Any long-term care nursing facility as
defined in section 802.1 of the act of July 19, 1979 (P.L.130,
No.48), known as the Health Care Facilities Act.
"Secretary." The Secretary of Health of the Commonwealth.
Section 3. Consumer guide on nursing home performance.
(a) Publication.--The department shall publish in electronic
and paper media on an annual basis a consumer guide on nursing
home performance. The department's initial guide shall contain
information from calendar year 2006 and shall be published
within 60 days of the effective date of this section. The second
consumer guide shall contain information from calendar year 2006
and calendar year 2007. The third consumer guide shall contain
information from calendar year 2006, calendar year 2007 and
calendar year 2008. All subsequent consumer guides shall contain
information from the last three calendar years. These guides
shall hereafter be published no later than January 31 of the
year following the year covered in the guides.
(b) Contents.--The consumer guide on nursing home
performance shall contain the following information for the
three most recent calendar years for each nursing home licensed
and operating within this Commonwealth:
(1) The name, address, county and telephone number of
the nursing home.
(2) The number of licensed beds and the occupancy rate
20110SB0495PN0496 - 2 -
of the nursing home.
(3) Ownership of the nursing home.
(4) Current license status.
(5) A numerical breakdown of the number of deficiencies
pertaining to:
(i) Resident rights.
(ii) Resident behavior and facility practices.
(iii) Quality of life.
(iv) Resident assessment.
(v) Quality of care.
(vi) Nursing services.
(vii) Dietary services.
(viii) Physician services.
(ix) Specialized rehabilitative services.
(x) Pharmacy services.
(xi) Infection control.
(xii) Physical environment.
(xiii) Administration.
(6) The total number of deficiencies in each of the
three years.
(7) A summary of deficiencies according to severity
level in each of the three years.
(8) A listing of any sanctions or remedies imposed
against the nursing home in the period covered. This listing
shall include, but not be limited to, any plan of correction
implemented, provisional license issued, temporary management
appointed, suspension or ban on admissions, civil penalties
or any other remedy or sanction imposed and their effective
dates.
Section 4. Categorization of deficiencies.
20110SB0495PN0496 - 3 -
(a) Categorization and reporting.--For purposes of this act,
the department shall use the criteria set forth in 42 CFR Pt.
483 Subpt. B (relating to requirements for long term care
facilities) in categorizing and reporting a nursing home's
deficiencies under section 3(b)(5).
(b) Severity level.--For purposes of this act, the
department shall use the criteria set forth in 42 CFR 488.404(b)
(1) (relating to factors to be considered in selecting remedies)
when determining the severity level of a nursing home's
deficiencies under section 3(b)(7).
Section 5. Nursing home to maintain inspection reports.
Each licensed nursing home shall keep on file all inspection
reports completed by the department during the period covered in
the most recent consumer guide. The nursing home shall allow
public inspection of these reports upon request.
Section 6. Administration.
(a) File copy.--A copy of the consumer guide on nursing home
performance shall be kept on file in the main office of the
department. The secretary shall also provide each local area
agency on aging within this Commonwealth a copy of the
information compiled for section 3(b) for each licensed nursing
home within the local area agency on aging's service area.
(b) Copies to residents or designees.--All nursing homes
licensed by the department shall provide a copy of the nursing
home's most recent information published in the consumer guide
on nursing home performance to each nursing home resident or his
or her designated guardian on an annual basis. The nursing home
shall also provide a copy of the nursing home's most recent
information published in the consumer guide on nursing home
performance to any individual, or their immediate family or
20110SB0495PN0496 - 4 -
guardian, considering residency in the nursing home.
(c) Posting.--All nursing homes within this Commonwealth
shall post in a conspicuous public place and in a manner clearly
visible to the resident and visitor notice of the existence of
the guide and information advising that State law requires that
individuals receive a copy of the nursing home's information
either annually or when considering residency in the nursing
home.
Section 7. Form of consumer guide on nursing home performance.
The consumer guide on nursing home performance established
under section 3 shall be substantially in the following form:
Commonwealth of Pennsylvania
Consumer Guide on Nursing Home Performance
Name of Nursing Home
Address
County
Telephone Number
Ownership
Number of Beds
Occupancy Rate
Current License Status
Summary of Deficiencies
(Number of deficiencies per year)
Performance Categories Year Year Year
Resident Rights
Resident Behavior and Facility
Practices
Quality of Life
Resident Assessment
Quality of Care
20110SB0495PN0496 - 5 -
Nursing Services
Dietary Services
Physician Services
Specialized Rehabilitative
Services
Pharmacy Services
Infection Control
Physical Environment
Administration
Total Number of Deficiencies:
Summary of Deficiencies by Severity Level
Classification of Severity Levels Year Year Year
Level 1 - No negative impact on
residents
Level 2 - Potential for negative
impact on residents
Level 3 - Actual negative impact
on residents
Level 4 - Immediate jeopardy to
residents
History of Sanctions or Remedies Imposed
Type of Sanction or Remedy Effective Dates
Section 8. Effective date.
This act shall take effect immediately.
20110SB0495PN0496 - 6 -