PRINTER'S NO. 3114
No. 2182 Session of 2008
INTRODUCED BY STABACK, BELFANTI, BIANCUCCI, BLACKWELL, BOBACK, CURRY, FABRIZIO, FREEMAN, GEORGE, GIBBONS, GOODMAN, GRUCELA, HORNAMAN, JAMES, JOSEPHS, KOTIK, KULA, LEACH, McGEEHAN, McILVAINE SMITH, MOUL, MOYER, MUNDY, M. O'BRIEN, PARKER, PASHINSKI, PRESTON, SHIMKUS, SIPTROTH, K. SMITH, WALKO, WANSACZ, WATSON, WOJNAROSKI, YOUNGBLOOD AND YUDICHAK, JANUARY 22, 2008
REFERRED TO COMMITTEE ON AGING AND OLDER ADULT SERVICES, JANUARY 22, 2008
AN ACT 1 Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An 2 act to consolidate, editorially revise, and codify the public 3 welfare laws of the Commonwealth," further providing for 4 onsite complaint investigations and plans of correction. 5 The General Assembly of the Commonwealth of Pennsylvania 6 hereby enacts as follows: 7 Section 1. The act of June 13, 1967 (P.L.31, No.21), known 8 as the Public Welfare Code, is amended by adding a section to 9 read: 10 Section 211.1. Onsite Complaint Investigations and Plans of 11 Correction.--(a) The department shall initiate onsite 12 investigations of complaints at personal care homes and assisted 13 living residences as follows: 14 (1) If the complaint is a Level 1 complaint with a high 15 regulatory risk, including, but not limited to, incidents 16 related to immediate fire safety, physical assault or abuse, no
1 food or water, no heat in winter, no staff or serious illness 2 outbreak, the onsite inspection shall be initiated within 3 twenty-four hours of the complaint intake. 4 (2) If the complaint is a Level 2 complaint with a medium 5 regulatory risk, including, but not limited to, incidents 6 related to inadequate staffing, quality of care issues, 7 nutrition, sanitation or medication administration, the onsite 8 inspection shall be initiated within seven calendar days of the 9 complaint intake. 10 (3) If the complaint is a Level 3 complaint with a low 11 regulatory risk, including, but not limited to, incidents 12 related to menus, policies, assessments, support plans, 13 financial management or contracts, the onsite inspection shall 14 be initiated within twenty-one calendar days of the complaint 15 intake. 16 (b) The department shall contact and coordinate the 17 investigation with appropriate local agencies, including the 18 Area Agency on Aging, specifically the Protective Services or 19 Long-Term Care Ombudsman Program, County Mental Health/Mental 20 Retardation, local or Pennsylvania State Police, local code 21 enforcement or fire officials. 22 (c) The department shall conduct an unannounced onsite 23 inspection of the personal care home or assisted living 24 residence within the time frame established under subsection 25 (a)(1), (2) or (3). The complaint investigation shall include 26 the following components and adhere to the following time 27 frames: 28 (1) Conduct an entrance interview with administrator or 29 designee, providing general information regarding the complaint, 30 but maintaining confidentiality of residents and complainant. 20080H2182B3114 - 2 -
1 (2) Interview relevant subjects to the complaint such as 2 residents, families, staff or other witnesses. 3 (3) Preserve evidence by obtaining signed witness 4 statements, making copies of documents and taking photographs. 5 (4) Review relevant documents such as resident, staff and 6 facility records. 7 (5) Observe physical site conditions related to the 8 complaint. 9 (6) Contact the appropriate manager in the department 10 regarding Level 1 high-risk issues. 11 (7) Ensure that immediate threats are resolved before 12 leaving the personal care home or assisted living residence. 13 (8) Record all relevant information, including violations, 14 as directed by department policies and procedures. 15 (9) Conduct an exit interview with the administrator or the 16 most appropriate employe onsite and provide an opportunity to 17 respond to preliminary findings, unless the disclosure may 18 jeopardize ongoing aspects of the investigation. 19 (10) Determine and discuss findings with the appropriate 20 manager in the department and determine if each allegation is 21 founded, unfounded or requires further investigation. 22 (11) Additional collateral contacts, interviews and site 23 inspections shall be made as indicated by the seriousness of the 24 complaint allegation and based on the initial onsite inspection. 25 (12) The complaint investigation, including all collateral 26 contacts, interviews and onsite inspections, must be concluded 27 within fifteen days following the onsite inspection. An 28 exception to this time line may be granted by the appropriate 29 manager in the department. 30 (d) Within two business days of the conclusion of the 20080H2182B3114 - 3 -
1 complaint investigation for Level 1 high-risk complaints and 2 within five business days of the conclusion of the complaint 3 investigation for Levels 2 and 3, the department shall prepare a 4 violation report if applicable, review the violation report with 5 the appropriate manager in the department and transmit the 6 violation report to the personal care home or assisted living 7 residence for corrective action. 8 (e) If a violation report is filed by the department, the 9 personal care home or assisted living residence must file a plan 10 of correction within seven calendar days of receipt of the 11 violation report. 12 (f) Within five business days of receiving the plan of 13 correction from the personal care home or assisted living 14 residence, the department shall review the plan of correction 15 and refer the plan to the appropriate manager in the department 16 for plan approval or denial. 17 (g) If the personal care home or assisted living residence 18 does not submit a plan of correction within the required seven- 19 day time frame, the department may suspend, revoke or limit a 20 license, or may issue a ban on admissions for the personal care 21 home or assisted living residence. 22 (h) Once the plan of correction has been approved by the 23 department, the follow-up complaint inspection of the personal 24 care home or assisted living residence shall be conducted onsite 25 after the longest target date for compliance has been reached as 26 noted on the plan of correction, but no later than ninety days 27 after the initial onsite complaint inspection by the department 28 to ensure compliance with the plan of correction. 29 (i) If the plan of correction is denied, the department 30 shall contact the personal care home or assisted living 20080H2182B3114 - 4 -
1 residence within twenty-four hours of the denial decision and 2 require an alternate plan within forty-eight hours. If the 3 personal care home or assisted living residence returns an 4 approved plan of correction within the required time frame, the 5 department shall conduct a follow-up onsite inspection of the 6 personal care home or assisted living residence as outlined 7 under subsection (h). 8 (j) If the alternate plan of correction is not resubmitted 9 by the personal care home or assisted living residence within 10 the required time frame, the department may suspend, revoke or 11 limit a license, or may issue a ban on admissions for the 12 personal care home or assisted living residence. 13 (k) Within ten days of the conclusion of the investigation 14 and determination on each of the complaint allegations, the 15 department shall send a complaint response letter to the 16 complainant. 17 Section 2. This act shall take effect in 60 days. A9L67BIL/20080H2182B3114 - 5 -