PRINTER'S NO. 233
No. 204 Session of 2003
INTRODUCED BY MUNDY, BEBKO-JONES, BELFANTI, BROWNE, CAWLEY,
CURRY, GEORGE, HARHAI, HERMAN, HORSEY, JOSEPHS, LaGROTTA,
LAUGHLIN, MANDERINO, McCALL, PISTELLA, PRESTON, ROONEY,
RUFFING, SHANER, STABACK, STURLA, TANGRETTI, THOMAS, TIGUE,
WALKO, WASHINGTON, J. WILLIAMS AND YOUNGBLOOD,
FEBRUARY 11, 2003
REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES,
FEBRUARY 11, 2003
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 issuance of
10 license.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. Section 808 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) and October 16, 1998
16 (P.L.777, No.95), is amended to read:
17 Section 808. Issuance of license.
18 (a) Standards.--The department shall issue a license to a
19 health care provider when it is satisfied that the following
1 standards have been met:
2 (1) that the health care provider is a responsible
3 person;
4 (2) that the place to be used as a health care facility
5 is adequately constructed, equipped, maintained and operated
6 to safely and efficiently render the services offered;
7 (3) that the health care facility provides safe and
8 efficient services which are adequate for the care, treatment
9 and comfort of the patients or residents of such facility;
10 (4) that there is substantial compliance with the rules
11 and regulations adopted by the department pursuant to this
12 act; [and]
13 (5) that a certificate of need has been issued if one is
14 necessary[.]; and
15 (6) that a health care facility that provides clinically
16 effective care services can meet all of the standards for
17 clinically effective care services. The department, within
18 180 days of the effective date of this paragraph, shall
19 promulgate regulations establishing such standards, which,
20 notwithstanding any other provisions of law to the contrary,
21 shall be submitted as final-omitted regulations pursuant to
22 the act of June 25, 1982 (P.L.633, No.181), known as the
23 "Regulatory Review Act." The department shall develop such
24 standards by taking into consideration standards developed by
25 national accreditation and specialty organizations. At a
26 minimum, such standards shall include volume standards on the
27 minimum number of cases a facility must treat in order to
28 ensure clinical proficiency. No unlicensed health care
29 facility shall be permitted to provide any of these clinical
30 services until the department has promulgated its standards.
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1 Health care facilities that are licensed to provide these
2 services prior to the effective date of this paragraph may
3 continue providing the service until the standards are
4 promulgated and the department determines that the facility
5 meets the standards.
6 (b) Separate and limited licenses.--Separate licenses shall
7 not be required for different services within a single health
8 care facility except that home health care, hospice or long-term
9 nursing care will require separate licenses. A limited license,
10 excluding from its terms a particular service or portion of a
11 health care facility, may be issued under the provisions of this
12 act.
13 (c) Addition of services.--When the certificate of need for
14 a facility is amended as to services which can be offered, the
15 department shall issue an appropriate license for those services
16 upon demonstration of compliance with licensure requirements.
17 (d) Definitions.--As used in this section, the following
18 words and phrases shall have the meanings given to them in this
19 subsection:
20 "Clinically effective care services." Any clinical service
21 requiring extraordinary expertise and resources to function
22 effectively, including, but not limited to, ambulatory surgery,
23 cardiac catheterization, lithotripsy, open heart surgery and
24 organ transplant.
25 Section 2. This act shall take effect immediately.
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