AN ACT

 

1Amending the act of July 19, 1979 (P.L.130, No.48), entitled "An
2act relating to health care; prescribing the powers and
3duties of the Department of Health; establishing and
4providing the powers and duties of the State Health
5Coordinating Council, health systems agencies and Health Care
6Policy Board in the Department of Health, and State Health
7Facility Hearing Board in the Department of Justice;
8providing for certification of need of health care providers
9and prescribing penalties," in licensing of health care
10facilities, further providing for definitions, for licensure
11and for application for license.

12The General Assembly of the Commonwealth of Pennsylvania
13hereby enacts as follows:

14Section 1. The definition of "health care facility" in
15section 802.1 of the act of July 19, 1979 (P.L.130, No.48),
16known as the Health Care Facilities Act, amended July 7, 2006
17(P.L.334, No.69), is amended and the section is amended by
18adding a definition to read:

19Section 802.1. Definitions.

20The following words and phrases when used in this chapter
21shall have, unless the context clearly indicates otherwise, the
22meanings given them in this section:

1* * *

2"Health care facility." For purposes of Chapter 8, a health
3care facility includes, but is not limited to, a general,
4chronic disease or other type of hospital, a home health care
5agency, an urgent care center, a home care agency, a hospice, a
6long-term care nursing facility, cancer treatment centers using
7radiation therapy on an ambulatory basis, an ambulatory surgical
8facility, a birth center regardless of whether such health care
9facility is operated for profit, nonprofit or by an agency of
10the Commonwealth or local government. The department shall have
11the authority to license other health care facilities as may be
12necessary due to emergence of new modes of health care. When the
13department so finds, it shall publish its intention to license a
14particular type of health care facility in the Pennsylvania
15Bulletin in accordance with the act of June 25, 1982 (P.L.633,
16No.181), known as the "Regulatory Review Act." The term health
17care facility shall not include an office used primarily for the
18private practice of a health care practitioner, nor a program
19which renders treatment or care for drug or alcohol abuse or
20dependence unless located within a health facility, nor a
21facility providing treatment solely on the basis of prayer or
22spiritual means. The term health care facility shall not apply
23to a facility which is conducted by a religious organization for
24the purpose of providing health care services exclusively to
25clergymen or other persons in a religious profession who are
26members of a religious denomination.

27* * *

28"Private practice." The term does not include a facility
29which sees individuals on an unscheduled basis.

30"Urgent care center." An organization or business entity
 

1that provides outpatient treatment to patients with urgent 
2medical conditions, illnesses or injuries on an unscheduled 
3basis but that is not licensed as a hospital or an ambulatory 
4surgical facility.

5Section 2. Section 806 of the act is amended by adding a
6subsection to read:

7Section 806. Licensure.

8* * *

9(i) Urgent care center standards.--Within one year of the
10effective date of this subsection, to the extent possible, the
11department shall publish in the Pennsylvania Bulletin proposed
12regulations establishing revised standards for licensure of
13urgent care centers. The standards shall provide for separate
14licensure criteria based on the service provided by the urgent
15care center, including, but not limited to:

16(1) fire and safety standards;

17(2) personnel and equipment requirements; and

18(3) quality assurance procedures.

19The purpose of the criteria shall be to assure quality care
20delivery in urgent care centers. Until such time the revised
21regulations are adopted, the existing rules and regulations
22governing the licensure of urgent care centers shall apply.

23Section 3. Section 807(b) of the act, amended December 22,
242011 (P.L.563, No.122), is amended to read:

25Section 807. Application for license.

26* * *

27(b) Fees.--Application for a license or for renewal of a
28license shall be accompanied by the following fees:

29(1) Regular or special license:

 

30Home health agency

$250.00

1Home care agency or home care
2registry

 

100.00

3Ambulatory surgical facility

250.00

4Abortion facility

250.00

5Urgent care center

250.00

6Birth center

70.00

7Long-term care nursing facility
8plus per each long-term care

250.00

 

9 bed in excess of 75 beds

2.00

10Hospital

 

11Every two years

500.00

12Plus per each inpatient bed

 

13 every two years

4.00

14Other health care facility

100.00

15(2) Provisional license all facilities:

 

16Provisional I

$400.00

17Plus per each inpatient bed

4.00

18Provisional II

600.00

19Plus per each inpatient bed

6.00

20Provisional III

800.00

21Plus per each inpatient bed

8.00

22Provisional IV

1,000.00

23Plus per each inpatient bed

10.00

24* * *

25Section 4. This act shall take effect in 60 days.