Bill Text: PA SB473 | 2009-2010 | Regular Session | Introduced

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Bill Title: Further providing for administration by Department of Health.

Spectrum: Moderate Partisan Bill (Democrat 14-2)

Status: (Introduced - Dead) 2009-03-02 - Referred to PUBLIC HEALTH AND WELFARE [SB473 Detail]

Download: Pennsylvania-2009-SB473-Introduced.html

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PRINTER'S NO. 483
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 473 Session of2009
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
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," further providing for
administration by Department of Health.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 804 of the act of July 19, 1979 (P.L.130,
No.48), known as the Health Care Facilities Act, amended
December 18, 1992 (P.L.1602, No.179), is amended to read:
Section 804. Administration.
(a) Discrimination prohibited.--Except as otherwise provided
by law, no provider shall discriminate in the operation of a
health care facility on the basis of race, creed, sex or
national origin.
(b) Prevention of duplication.--In carrying out the
provisions of this chapter and other statutes of this
Commonwealth relating to health care facilities, the department
and other departments and agencies of the State and local
governments shall make every reasonable effort to prevent
duplication of inspections and examinations. The department may
make the dates of licensure expiration coincide with medical
assistance and Medicare certification or applicable nationally
recognized accrediting agencies accreditation and shall combine
these surveys and inspections where practical.
(c) Health care innovation.--The department shall administer
this chapter so as to encourage innovation and experimentation
in health care and health care facilities consistent with the
provisions of this chapter and shall encourage contributions of
private funds and services to health care facilities.
(d) Reports.--
(1) The department shall report annually to the General
Assembly on the effectiveness of the licensing and
enforcement of this chapter. [Such report shall include
appropriate data according to nature of facility relating to
provisional licenses issued, nature of violations of
regulations and number of facilities against which sanctions
had to be taken.] The report shall include:
(i) the total number of facilities licensed in this
Commonwealth;
(ii) the number of facilities inspected during the
preceding year;
(iii) the number of residents occupying the
facilities;
(iv) the number of new licenses issued in the
previous year;
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(v) the number of facilities cited for violations of
law or regulation;
(vi) the total number of violations found by the
department;
(vii) a numerical breakdown of the violations
according to type, scope and nature;
(viii) the number of facilities sanctioned,
including:
(A) the number of facilities fined;
(B) the total amount of fines collected and
expended;
(C) the number of facilities issued provisional
licenses;
(D) the number of facilities where admissions
were suspended or banned;
(E) the number of facilities where temporary
management was appointed;
(F) the number of facilities closed for
deficiencies posing an immediate and serious threat
to the health or safety of the patients or residents;
(G) the reasons for the sanctions;
(H) whether the sanctions were amended or waived
by the department; and
(I) the reasons for the amendment or waiver;
(ix) an overview of the department's complaint
resolution system, including:
(A) the number of patient care complaints
received by the department according to severity;
(B) the number of complaint investigations
initiated within the time periods prescribed by the
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department; and
(C) the number of complaint investigations that
failed to be initiated within the time periods
prescribed by the department; and
(x) any other information the department deems
pertinent.
(2) The department's initial report shall cover calendar
year 2008 and shall be submitted to the General Assembly
within 30 days of the effective date of this subsection. The
department shall issue an annual report each year thereafter
which shall be submitted to the General Assembly not later
than January 30 of the year following the year covered in the
report.
Section 2. This act shall take effect immediately.
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