PRINTER'S NO. 1295
No. 1119 Session of 2001
INTRODUCED BY VANCE, SCHULER, MICOZZIE, DeWEESE, ADOLPH, ARMSTRONG, BARD, BEBKO-JONES, BELARDI, BELFANTI, BROWNE, BUNT, BUXTON, CALTAGIRONE, CAPPABIANCA, CLARK, L. I. COHEN, COLAFELLA, CORRIGAN, CRUZ, CURRY, DAILEY, DeLUCA, EGOLF, FAIRCHILD, FLICK, FRANKEL, FREEMAN, GEIST, GEORGE, GRUCELA, HALUSKA, HARHAI, HENNESSEY, HERMAN, HESS, HORSEY, JAMES, JOSEPHS, KELLER, KENNEY, LAUGHLIN, LEDERER, LEH, MACKERETH, MAHER, MANDERINO, MANN, MARKOSEK, MARSICO, McNAUGHTON, MELIO, R. MILLER, S. MILLER, MUNDY, NAILOR, NICKOL, ORIE, PETRARCA, READSHAW, ROEBUCK, ROHRER, ROSS, RUBLEY, SAINATO, SANTONI, SATHER, SAYLOR, SCHRODER, SHANER, B. SMITH, SOLOBAY, STABACK, STAIRS, STEELMAN, SURRA, E. Z. TAYLOR, THOMAS, TIGUE, TRAVAGLIO, TRELLO, TRICH, WALKO, WATSON, J. WILLIAMS, WILT, WOJNAROSKI, YEWCIC, YOUNGBLOOD, YUDICHAK AND ZUG, MARCH 21, 2001
REFERRED TO COMMITTEE ON AGING AND OLDER ADULT SERVICES, MARCH 21, 2001
AN ACT 1 Requiring public notices relating to certain matters affecting 2 long-term care facilities; and providing for compliance and 3 enforcement. 4 The General Assembly of the Commonwealth of Pennsylvania 5 hereby enacts as follows: 6 Section 1. Short title. 7 This act shall be known and may be cited as the Long-Term 8 Care Facility Public Notice Act. 9 Section 2. Definitions. 10 The following words and phrases when used in this act shall 11 have the meanings given to them in this section unless the
1 context clearly indicates otherwise: 2 "Licensing authority." A Commonwealth department that 3 licenses long-term care facilities. 4 "Long-term care." The provision of assessment, care 5 management and diagnostic, preventative, therapeutic, 6 rehabilitative, support and maintenance services for older 7 adults and other adults with functional limitations. 8 "Long-term care facility." A facility that is licensed by 9 the Commonwealth to provide long-term care. The term includes, 10 but is not limited to, a long-term care nursing facility, 11 personal care home, community residential rehabilitation service 12 provider, community home for individuals with mental 13 retardation, intermediate care facility for individuals with 14 mental retardation or adult daily living center. 15 Section 2. License and operational postings. 16 A long term care facility shall: 17 (1) Display the license or certificate of compliance 18 permitting its operation in a public and conspicuous location 19 where it may be easily observed and read. 20 (2) Display all reports of inspections; lists of 21 citations; statements of deficient operation; notices of 22 action taken, or to be taken by the licensing authority; 23 plans for correcting any practice, procedure or other issue 24 identified by the licensing authority, or its agent, issued 25 during the preceding 12-month period of time, in a public and 26 conspicuous location where these documents may be easily 27 observed and read. 28 (3) Maintain a current list of: 29 (i) all persons, their addresses and Social Security 30 numbers, receiving service or enrolled within the 20010H1119B1295 - 2 -
1 programs operated by the facility; 2 (ii) any orders of court entered regarding the 3 decisional capacity or service status of any person 4 receiving service or enrolled within the programs 5 operated by the facility; 6 (iii) the names, addresses and telephone numbers of: 7 the representative payee or next of kin or responsible 8 party and person named as power of attorney or guardian, 9 responsible for any person receiving service or enrolled 10 within the facility's programs; 11 (iv) The name, address, contact person and telephone 12 number of the agency, organization or person providing 13 payment, in whole or in part, for the services provided 14 to the persons enrolled within the programs operated by 15 the facility. 16 (4) Maintain the list identified in paragraph (3) in 17 current status at all times, keeping it distinct and separate 18 from, the client service or treatment record and shall 19 contain in correlated form all of the information in this 20 section on any and all persons enrolled in the facility's 21 programs. 22 (5) Shall provide the list identified in paragraph (3) 23 to the issuing authority, its representative or agent, 24 responsible for issuing the license or certificate of 25 compliance for the facility, at any time when requested by 26 the licensing authority. 27 Section 3. Notice to long-term care facility. 28 A licensing authority shall notify a long-term care facility 29 in writing that the licensing authority plans to take, or has 30 taken, any of the following actions: 20010H1119B1295 - 3 -
1 (1) Revocation, refusal to reissue or suspension of the 2 facility's license or certificate of compliance. 3 (2) Removal of any, or all, persons receiving service, 4 or enrolled within the programs operated by the facility, 5 from the physical location of the facility. 6 (3) Refusal to permit the facility to admit, or readmit, 7 any person, to the service programs operated by the facility 8 due to health or safety issues posed by the operation of the 9 facility by the current licensee or holder of the certificate 10 of compliance, or its agent or appointee. 11 (4) Decision to appoint, or seek the appointment of, an 12 entity, other than the current licensee or holder of the 13 certificate of compliance, or its agent or appointee, to 14 operate or maintain the facility due to health or safety 15 issues posed by the operation of the facility. 16 Section 4. Notice to persons receiving services. 17 A licensing authority notifying any facility of any action 18 described in section 3 shall notify in writing, and by other 19 necessary means, all persons receiving long-term care services, 20 or enrolled in the programs of service of a facility and any 21 responsible party for any person receiving long-term care 22 services, or enrolled in programs of service of a facility, as 23 listed in section 2(3)(iii), of such action. This notification 24 shall be delivered in person by a representative or agent of the 25 licensing authority or by the United States Postal Service and 26 shall be written in clear and specific language so as to clearly 27 communicate the action being taken by the issuing authority. 28 Section 5. Notice on premises. 29 A licensing authority notifying any long-term care facility 30 of any action described in section 3 shall post on the entrances 20010H1119B1295 - 4 -
1 to the physical location of the notified facility a public 2 notice, no smaller in size than 24 inches by 24 inches, and 3 printed with type no smaller than 18 points, a public notice 4 specifically stating the action which is being taken pursuant to 5 section 3. This notice shall be posted no later than 24 hours 6 after the licensing authority has delivered, or placed in the 7 United States Postal Service, the notice to the facility as 8 required by section 3. This notice shall remain posted until 9 such time that the action taken by the issuing authority has 10 been resolved. If an appeal is filed of the licensing 11 authority's action, the notice shall be posted when all issues 12 on appeal are determined finally. 13 Section 6. Newspaper publication. 14 A licensing authority notifying any long-term care facility 15 of any action described in section 3 shall place an 16 advertisement in a newspaper of general circulation, published 17 at least weekly, for three separate dates of publication. The 18 public notice shall be no smaller in size than four inches by 19 four inches stating that the licensing authority is taking, or 20 has taken, such action and specifying the long-term care 21 facility, its location, and the operating organization, if other 22 than the named holder of the license or certificate of 23 compliance. In the event that any issue leading to the posting 24 of notices and publication of notices is later reversed or found 25 invalid, the licensing authority shall publish a retraction in 26 the same style and manner prescribed in this section. 27 Section 7. Compliance and enforcement. 28 Notwithstanding any other provision of law, compliance with 29 this act shall operate as a condition of licensure for a long- 30 term care facility and this act shall be enforced against a 20010H1119B1295 - 5 -
1 long-term care facility in the same manner as provided in the 2 act under which the facility is licensed. 3 Section 8. Regulations. 4 Each licensing authority shall promulgate rules or 5 regulations necessary to administer this act within six months 6 of the effective date of this act. 7 Section 9. Effective date. 8 This act shall take effect in 60 days. A18L35DMS/20010H1119B1295 - 6 -