PRIOR PRINTER'S NOS. 1295, 2711 PRINTER'S NO. 3146
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, ZUG, CLYMER AND SAMUELSON, MARCH 21, 2001
AS RE-REPORTED FROM COMMITTEE ON AGING AND OLDER ADULT SERVICES, HOUSE OF REPRESENTATIVES, AS AMENDED, JANUARY 22, 2002
AN ACT 1 Requiring public notices relating to certain matters affecting 2 long-term care NURSING facilities; and providing for <-- 3 compliance and 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 "Designated party." An individual designated by a resident 3 or resident's responsible party who receives notices as required 4 by section 5. 5 "Licensing authority." A Commonwealth department that 6 licenses long-term care facilities. 7 "Long-term care." The provision of assessment, care 8 management and diagnostic, preventative, therapeutic, 9 rehabilitative, support and maintenance services for older 10 adults and other adults with functional limitations. 11 "Long-term care facility." A facility that is licensed by 12 the Commonwealth to provide long-term care. The term includes, 13 but is not limited to, a long-term care nursing facility, 14 personal care home, community residential rehabilitation service 15 provider, community home for individuals with mental 16 retardation, intermediate care facility for individuals with 17 mental retardation or adult daily living center. 18 Section 3. License and operational postings. 19 A long term care facility shall: 20 (1) Display the license or certificate of compliance 21 permitting its operation in a public and conspicuous location 22 where it may be easily observed and read. 23 (2) Display all reports of inspections; lists of 24 citations; statements of deficient operation; notices of 25 action taken, or to be taken by the licensing authority; 26 plans for correcting any practice, procedure or other issue 27 identified by the licensing authority, or its agent, issued 28 during the preceding 12-month period of time, in a public and 29 conspicuous location where these documents may be easily 30 observed and read. 20010H1119B3146 - 2 -
1 (3) Maintain a current list of: 2 (i) all persons, their addresses and Social Security 3 numbers, receiving service or enrolled within the 4 programs operated by the facility; 5 (ii) any orders of court entered regarding the 6 decisional capacity or service status of any person 7 receiving service or enrolled within the programs 8 operated by the facility; 9 (iii) the names, addresses and telephone numbers of: 10 the representative payee or next of kin or responsible 11 party and person named as power of attorney or guardian, 12 responsible for any person receiving service or enrolled 13 within the facility's programs; 14 (iv) The name, address, contact person and telephone 15 number of the agency, organization or person providing 16 payment, in whole or in part, for the services provided 17 to the persons enrolled within the programs operated by 18 the facility. 19 (4) Maintain the list identified in paragraph (3) in 20 current status at all times, keeping it distinct and separate 21 from, the client service or treatment record and shall 22 contain in correlated form all of the information in this 23 section on any and all persons enrolled in the facility's 24 programs. 25 (5) Shall provide the list identified in paragraph (3) 26 to the issuing authority, its representative or agent, 27 responsible for issuing the license or certificate of 28 compliance for the facility, at any time when requested by 29 the licensing authority. 30 Section 4. Notice to long-term care facility. 20010H1119B3146 - 3 -
1 A licensing authority shall notify a long-term care facility 2 in writing that the licensing authority plans to take, or has 3 taken, any of the following actions: 4 (1) Revocation, refusal to reissue or suspension of the 5 facility's license or certificate of compliance. 6 (2) Removal of any, or all, persons receiving service, 7 or enrolled within the programs operated by the facility, 8 from the physical location of the facility. 9 (3) Refusal to permit the facility to admit, or readmit, 10 any person, to the service programs operated by the facility 11 due to health or safety issues posed by the operation of the 12 facility by the current licensee or holder of the certificate 13 of compliance, or its agent or appointee. 14 (4) Decision to appoint, or seek the appointment of, an 15 entity, other than the current licensee or holder of the 16 certificate of compliance, or its agent or appointee, to 17 operate or maintain the facility due to health or safety 18 issues posed by the operation of the facility. 19 Section 5. Notice to persons receiving services. 20 A licensing authority notifying any facility of any action 21 described in section 4 shall notify in writing, and by other 22 necessary means, all persons receiving long-term care services, 23 or enrolled in the programs of service of a facility and any 24 responsible party or designated party for any person receiving 25 long-term care services, or enrolled in programs of service of a 26 facility, as listed in section 3(3)(iii), of such action. The 27 notification shall be delivered in person by a representative or 28 agent of the licensing authority or by the United States Postal 29 Service and shall be written in clear and specific language so 30 as to clearly communicate the action being taken by the issuing 20010H1119B3146 - 4 -
1 authority. 2 Section 6. Notice on premises. 3 A licensing authority notifying any long-term care facility 4 of any action described in section 4 shall post on the entrances 5 to the physical location of the notified facility a public 6 notice, no smaller in size than 24 inches by 24 inches, and 7 printed with type no smaller than 18 points, specifically 8 stating the action which is being taken pursuant to section 4. 9 The public notice shall be posted no later than 24 hours after 10 the licensing authority has delivered, or placed in the United 11 States Postal Service, the notice to the facility as required by 12 section 4. The posting may not occur until the licensing 13 authority has received confirmation of receipt of the notice by 14 the facility. The public notice shall remain posted until such 15 time that the action taken by the issuing authority has been 16 resolved. If an appeal is filed of the licensing authority's 17 action, the public notice shall be posted when all issues on 18 appeal are determined finally. 19 Section 7. Newspaper publication. 20 A licensing authority notifying any long-term care facility 21 of any action described in section 4 shall place an 22 advertisement in a newspaper of general circulation, published 23 at least weekly, for three separate dates of publication. The 24 public notice shall be no smaller in size than four inches by 25 four inches stating that the licensing authority is taking, or 26 has taken, such action and specifying the long-term care 27 facility, its location, and the operating organization, if other 28 than the named holder of the license or certificate of 29 compliance. In the event that any issue leading to the posting 30 of notices and publication of notices is later reversed or found 20010H1119B3146 - 5 -
1 invalid, the licensing authority shall publish a retraction in 2 the same style and manner prescribed in this section. In the 3 event that corrections are made and appeals are resolved, the 4 licensing authority shall notify any responsible party or 5 designated party for any person receiving long-term care 6 services, or enrolled in programs of service of said facility, 7 of such corrections and resolution of appeals. 8 Section 8. Compliance and enforcement. 9 Notwithstanding any other provision of law, compliance with 10 this act shall operate as a condition of licensure for a long- 11 term care facility and this act shall be enforced against a 12 long-term care facility in the same manner as provided in the 13 act under which the facility is licensed. 14 Section 9. Regulations. 15 Each licensing authority shall promulgate rules or 16 regulations necessary to administer this act within six months 17 of the effective date of this act. 18 Section 10. Effective date. 19 This act shall take effect in 60 days. 20 SECTION 1. SHORT TITLE. <-- 21 THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE LONG-TERM 22 CARE NURSING FACILITY PUBLIC NOTICE ACT. 23 SECTION 2. DEFINITIONS. 24 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL 25 HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE 26 CONTEXT CLEARLY INDICATES OTHERWISE: 27 "DEPARTMENT." THE DEPARTMENT OF HEALTH OF THE COMMONWEALTH. 28 "DESIGNATED PARTY." AN INDIVIDUAL DESIGNATED BY A RESIDENT 29 OR RESIDENT'S RESPONSIBLE PARTY WHO RECEIVES NOTICES AS REQUIRED 30 BY SECTION 5. 20010H1119B3146 - 6 -
1 "LONG-TERM CARE NURSING FACILITY." A FACILITY THAT PROVIDES 2 EITHER SKILLED OR INTERMEDIATE NURSING CARE OR BOTH LEVELS OF 3 CARE TO TWO OR MORE PATIENTS, WHO ARE UNRELATED TO THE LICENSEE, 4 FOR A PERIOD EXCEEDING 24 HOURS. INTERMEDIATE CARE FACILITIES 5 EXCLUSIVELY FOR THE MENTALLY RETARDED, COMMONLY CALLED ICF/MR, 6 SHALL NOT BE CONSIDERED LONG-TERM CARE NURSING FACILITIES FOR 7 THE PURPOSE OF THIS ACT AND SHALL BE LICENSED BY THE DEPARTMENT 8 OF PUBLIC WELFARE. 9 SECTION 3. LICENSE AND OPERATIONAL POSTINGS. 10 A LONG-TERM CARE NURSING FACILITY SHALL: 11 (1) DISPLAY THE LICENSE PERMITTING ITS OPERATION IN A 12 PUBLIC AND CONSPICUOUS LOCATION WHERE IT MAY BE EASILY 13 OBSERVED AND READ. 14 (2) DISPLAY ALL REPORTS OF INSPECTIONS ISSUED DURING THE 15 PRECEDING 12-MONTH PERIOD OF TIME, IN A PUBLIC AND 16 CONSPICUOUS LOCATION WHERE THESE DOCUMENTS MAY BE EASILY 17 OBSERVED AND READ. 18 (3) DISPLAY ANY NOTICE OF A BAN ON ADMISSIONS OR 19 REVOCATION OF A LICENSE. 20 (4) DISPLAY INFORMATION REGARDING THE COMMONWEALTH'S 21 LONG-TERM CARE WORLD WIDE WEB SITE. 22 (5) MAINTAIN IN CURRENT STATUS FOR EACH RESIDENT, WHERE 23 APPLICABLE, THE NAMES, ADDRESSES AND TELEPHONE NUMBERS OF THE 24 REPRESENTATIVE PAYEE OR NEXT OF KIN, RESPONSIBLE PARTY OR 25 DESIGNATED PARTY AND THE PERSON OR PERSONS NAMED AS POWER OF 26 ATTORNEY OR GUARDIAN. 27 (6) PROVIDE THE INFORMATION IDENTIFIED IN PARAGRAPH (5) 28 TO THE DEPARTMENT, ITS REPRESENTATIVE OR AGENT, RESPONSIBLE 29 FOR ISSUING THE LICENSE FOR THE FACILITY, AT ANY TIME WHEN 30 REQUESTED BY THE DEPARTMENT. 20010H1119B3146 - 7 -
1 SECTION 4. NOTICE TO PERSONS RECEIVING SERVICES. 2 (A) GENERAL RULE.--WHENEVER THE DEPARTMENT SHALL PROVIDE 3 NOTICE TO A FACILITY OF A PROPOSED BAN ON ADMISSIONS OR LICENSE 4 REVOCATION, SUCH NOTICE SHALL ALSO BE TRANSMITTED TO THE 5 RESPONSIBLE PARTY OR DESIGNATED PARTY FOR EACH RESIDENT OF THE 6 FACILITY. THE NOTICE SHALL BE EITHER HAND DELIVERED BY A 7 REPRESENTATIVE OR AGENT OF THE DEPARTMENT OR POSTMARKED BY THE 8 UNITED STATES POSTAL SERVICE NO LATER THAN 24 HOURS AFTER 9 NOTIFICATION TO THE FACILITY AND SHALL BE WRITTEN IN CLEAR AND 10 SPECIFIC LANGUAGE SO AS TO CLEARLY COMMUNICATE THE ACTION BEING 11 TAKEN BY THE DEPARTMENT. THE DEPARTMENT SHALL ENSURE THAT THE 12 NOTICE SHALL BE INCLUDED ON THE COMMONWEALTH'S LONG-TERM CARE 13 WORLD WIDE WEB SITE. 14 (B) NOTICE OF CORRECTIVE ACTION OR APPEAL RESOLUTION.--IN 15 THE EVENT THAT CORRECTIONS ARE MADE OR APPEALS ARE RESOLVED, THE 16 DEPARTMENT SHALL NOTIFY THE RESPONSIBLE PARTY OR DESIGNATED 17 PARTY FOR EACH RESIDENT OF THE FACILITY OF THE CORRECTIONS OR 18 RESOLUTION OF APPEALS. THE DEPARTMENT SHALL ENSURE THAT THE 19 NOTICE SHALL BE POSTED ON COMMONWEALTH'S LONG-TERM CARE WORLD 20 WIDE WEB SITE. 21 SECTION 5. NOTICE ON PREMISES. 22 NO LATER THAN 24 HOURS AFTER A FACILITY RECEIVES NOTIFICATION 23 FROM THE DEPARTMENT OF A PROPOSED BAN ON ADMISSIONS OR LICENSE 24 REVOCATION UNDER SECTION 4(A), THE FACILITY SHALL POST THE 25 NOTIFICATION ON ANY ENTRANCE TO THE PHYSICAL LOCATION OF THE 26 FACILITY. THE PUBLIC NOTICE SHALL REMAIN POSTED UNTIL SUCH TIME 27 AS THE ACTION TAKEN BY THE DEPARTMENT HAS BEEN RESOLVED. IF AN 28 APPEAL IS FILED OF THE DEPARTMENT'S ACTION, THE NOTICE SHALL 29 REMAIN POSTED UNTIL ALL ISSUES ON APPEAL ARE DETERMINED FINALLY. 30 SECTION 6. COMPLIANCE AND ENFORCEMENT. 20010H1119B3146 - 8 -
1 NOTWITHSTANDING ANY OTHER PROVISION OF LAW, COMPLIANCE WITH 2 THIS ACT SHALL OPERATE AS A CONDITION OF LICENSURE FOR A LONG- 3 TERM CARE NURSING FACILITY, AND THIS ACT SHALL BE ENFORCED 4 AGAINST A LONG-TERM CARE NURSING FACILITY IN THE SAME MANNER AS 5 PROVIDED IN THE ACT UNDER WHICH THE FACILITY IS LICENSED. 6 SECTION 7. REGULATIONS. 7 THE DEPARTMENT SHALL PROMULGATE RULES OR REGULATIONS 8 NECESSARY TO ADMINISTER THIS ACT WITHIN SIX MONTHS OF THE 9 EFFECTIVE DATE OF THIS ACT. 10 SECTION 8. EFFECTIVE DATE. 11 THIS ACT SHALL TAKE EFFECT IN 60 DAYS. A18L35DMS/20010H1119B3146 - 9 -