PRINTER'S NO. 161
No. 163 Session of 1999
INTRODUCED BY HOLL, JANUARY 19, 1999
REFERRED TO COMMUNICATIONS AND HIGH TECHNOLOGY, JANUARY 19, 1999
AN ACT
1 Requiring the Department of Aging to place certain information
2 on the Internet; and providing for certain duties of the
3 Department of Health and the Department of Aging.
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 Consumer Internet Information Access Law.
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
12 context clearly indicates otherwise:
13 "Area agency on aging." An agency designated by the
14 Department of Aging in accordance with the Older Americans Act
15 of 1965 (Public Law 89-73, 42 U.S.C. § 3001 et seq.) and Article
16 XXII-A of the act of April 9, 1929 (P.L.177, No.175), known as
17 The Administrative Code of 1929, to plan and provide a
18 comprehensive and coordinated system of services for older
1 adults and to serve as the advocate for older persons in the
2 community.
3 "Department." The Department of Aging of the Commonwealth.
4 "Facility." A long-term care nursing facility as defined in
5 section 802.1 of the act of July 19, 1979 (P.L.130, No.48),
6 known as the Health Care Facilities Act.
7 "Long-term care facility information site" or "site." The
8 Internet site established under section 3(a).
9 Section 3. Long-term care nursing facility consumer
10 information.
11 (a) Site.--Within one year of the effective date of this
12 act, the department shall establish an Internet site to provide
13 consumers with information regarding long-term care nursing
14 facilities and related services in this Commonwealth.
15 (b) Format.--The department shall provide the information
16 required under this section in a manner that promotes consumer
17 understanding and accessibility.
18 (c) Information.--The department shall determine the
19 information relating to facilities to be posted under subsection
20 (a). This information shall be limited to data that is a matter
21 of public record and routinely collected by Commonwealth
22 agencies.
23 (d) Long-term care information.--The department shall
24 determine the long-term care facility services that are required
25 to be disclosed by Federal or State law. The department shall
26 develop a list of such services and determine which information
27 shall be posted under subsection (a), including, but not limited
28 to:
29 (1) Instructions on how to access public information
30 regarding facility licensure history, current certification
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1 and license status, including any current deficiencies and
2 any plan of correction, as determined and authorized by the
3 Department of Health.
4 (2) Instructions on how to access services under the
5 ombudsman program and the role of the ombudsman program.
6 (3) Standard visiting hours.
7 (4) Availability of telephone access for private use.
8 (5) Written description of patients' rights and
9 responsibilities.
10 (6) Written policies regarding a declaration made under
11 20 Pa.C.S. Ch. 54 (relating to advance directive for health
12 care).
13 (7) Such other Federal or State requirements, as
14 determined by the department.
15 (e) Facility information.--The department shall determine
16 the information relating to a specific facility that shall be
17 posted under subsection (a). The facility information shall
18 include, but not be limited to:
19 (1) Name of the facility.
20 (2) Address and telephone number of the facility.
21 (3) Licensed bed capacity of the facility.
22 (4) Owner of facility and managing company, if
23 applicable.
24 (5) Type of sponsorship, including, but not limited to,
25 governmental, nonprofit and for-profit or religious
26 affiliation, if applicable.
27 (6) Payment sources accepted, including, but not limited
28 to, Medicare, Medicaid, Veterans' Administration, long-term
29 care insurance and private pay.
30 (7) Existence and availability of specific therapy
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1 services, including, but not limited to, physical therapy,
2 occupational therapy, speech therapy and respiratory therapy.
3 (8) Existence of a resident council or equivalent for
4 resolution of grievance.
5 (9) Existence and availability of a registered
6 dietitian.
7 (10) Existence of special units, to include dedicated
8 Alzheimer's disease/dementia units or Parkinson's units.
9 (11) Availability of onsite medical services, including
10 dentists, podiatrists, pharmacists and ophthalmologists or
11 optometrists.
12 (12) Information on how to contact the local area agency
13 on aging, including the services available to persons over 60
14 years of age through the local area agency on aging.
15 (13) Information on community resources that can assist
16 in the selection of a long-term care facility, such as trade
17 associations or consumer advocacy groups.
18 (f) Availability.--Each nursing facility shall post a copy
19 of its address listing on the long-term care facility
20 information site next to its Department of Health license. A
21 nursing facility shall provide a copy of its listing on the
22 long-term care facility information site to each prospective
23 resident or representative of the prospective resident, and,
24 upon request, to members of the public.
25 (g) Limitations.--Nothing in this act shall require the
26 department to collect data from nursing facilities or other
27 service providers or to make qualitative judgments regarding any
28 of the information included on the site. Nothing in this act
29 shall require or permit the department to post information
30 deemed to be confidential under any Federal or State law.
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1 (h) Corrections.--The department shall correct errors found
2 in the information included on the site within 30 days of
3 receipt of notification of the error.
4 (i) Verification.--The department or the Department of
5 Health may require verification of information from facilities
6 as it deems necessary.
7 (j) Disclosure.--The State Long-Term Care Ombudsman in the
8 Department of Aging shall annually mail the address of the site
9 to the local long-term care ombudsman of each area agency on
10 aging, each facility licensed by the Department of Health and to
11 the Pennsylvania Council on Aging.
12 Section 4. Collection of information.
13 (a) Cooperation by Commonwealth agencies.--The Department of
14 Health and any other Commonwealth agency that regulates or
15 collects information from a long-term care facility or related
16 service provider shall cooperate with and provide information to
17 the department as required to establish and maintain the site.
18 Cooperation shall include the provision of reports,
19 questionnaires and other information in a timely manner.
20 (b) Information not routinely collected.--The department may
21 develop additional information to carry out the purposes of this
22 act. The department shall develop standard forms or electronic
23 formats for the reporting of such information. Any such
24 information which is not routinely collected by public agencies
25 may be reported by facilities and noted on the site.
26 Section 5. Effective date.
27 This act shall take effect in 90 days.
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