PRINTER'S NO. 3115
No. 2183 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 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," defining "general complaint,"
10 "immediate jeopardy" and "priority complaint"; providing for
11 onsite investigations; and further providing for provider
12 violations.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. Section 802.1 of the act of July 19, 1979
16 (P.L.130, No.48), known as the Health Care Facilities Act, is
17 amended by adding definitions to read:
18 Section 802.1. Definitions.
19 The following words and phrases when used in this chapter
20 shall have, unless the context clearly indicates otherwise, the
1 meanings given them in this section:
2 * * *
3 "General complaint." A complaint by a patient or employee of
4 a health care facility which does not allege immediate jeopardy.
5 * * *
6 "Immediate jeopardy." A situation in which a health care
7 facility's noncompliance with one or more requirements of
8 participation has caused or is likely to cause serious injury,
9 harm, impairment or death to a resident.
10 * * *
11 "Priority complaint." A complaint that alleges immediate
12 jeopardy.
13 Section 2. The act is amended by adding a section to read:
14 Section 813.1. Onsite investigations.
15 The department shall initiate onsite investigations of
16 complaints at health care facilities as follows:
17 (1) If the complaint is a priority complaint, the onsite
18 inspection shall be initiated within 24 hours of the receipt
19 of the complaint.
20 (2) If the complaint is a general complaint, the onsite
21 inspection shall be initiated within 48 hours of the receipt
22 of the complaint.
23 Section 3. Section 814(a) of the act, amended December 18,
24 1992 (P.L.1602, No.179), is amended to read:
25 Section 814. Provider violations.
26 (a) Notice of violations.--Whenever the department shall
27 upon inspection, investigation or complaint find a violation of
28 this chapter or regulations adopted by the department pursuant
29 to this chapter or pursuant to Federal law, it shall give
30 written notice thereof specifying the violation or violations
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1 found to the health care provider. Such notice shall require the
2 health care provider to take action or to submit a plan of
3 correction which shall bring the health care facility into
4 compliance with applicable law or regulation within a specified
5 time. The plan of correction must be submitted within 30 days of
6 receipt of the written notice or sooner if directed to do so by
7 the department. The department may ban admissions or revoke a
8 license before a plan of correction is submitted whenever
9 deficiencies pose a significant threat to the health or safety
10 of patients or residents. Once the plan of correction has been
11 approved by the department, the follow-up inspection shall be
12 conducted after the longest target date for compliance has been
13 reached as noted on the plan of correction but no later than 90
14 days after the department's initial inspection to ensure
15 compliance with the plan of correction.
16 * * *
17 Section 4. This act shall take effect in 60 days.
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