PRIOR PRINTER'S NO. 705 PRINTER'S NO. 977
No. 661 Session of 1989
INTRODUCED BY SHAFFER, WILLIAMS, PETERSON, CORMAN, JONES, REIBMAN, MADIGAN, STOUT, O'PAKE, SALVATORE AND ANDREZESKI, MARCH 13, 1989
SENATOR PETERSON, PUBLIC HEALTH AND WELFARE, AS AMENDED, APRIL 25, 1989
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," further providing for the Health 10 Care Policy Board. 11 The General Assembly of the Commonwealth of Pennsylvania 12 hereby enacts as follows: 13 Section 1. Section 301 of the act of July 19, 1979 (P.L.130, 14 No.48), known as the Health Care Facilities Act, is amended to 15 read: 16 Section 301. Health Care Policy Board. 17 In the interest of providing for broad consumer and 18 professional representation in the regulatory development under 19 this act, there is hereby created a Health Care Policy Board 20 within the Department of Health and as an integral part thereof. 21 The Department of Health shall act as the single State agency to
1 administer the certificate of need provisions of this act. The 2 policy board shall consist of [13] 14 members, [12] 13 of whom 3 shall be appointed by the Governor and confirmed by a majority 4 vote of the MEMBERS ELECTED TO THE Senate. [Of the members first <-- 5 appointed, three shall be appointed for a term of one year, 6 three for a term of two years, three for a term of three years, 7 and three for a term of four years. Thereafter, appointments] <-- 8 APPOINTMENTS shall be made by the Governor for four year terms. <-- 9 A vacancy occurring during a term shall be filled for the 10 unexpired term in the same manner his predecessor was appointed. 11 The Secretary of Health or his designee shall serve ex officio, 12 and act as chairman. Members of the policy board chosen by the 13 Governor shall be seven consumers (including at least one 14 representative of organized labor and one representative of 15 industry), one hospital representative, one home health care 16 representative, one skilled nursing or intermediate care 17 representative, one physician and two representatives of third 18 party payors. Members shall be chosen for their familiarity and 19 experience with health care facilities or for relevant training 20 and experience which will assist the board to perform its 21 functions. [Six] EIGHT members shall constitute a quorum. No <-- 22 member shall participate in any action or decision or 23 discussions thereof concerning any matter in which the member 24 has a conflict of interest. 25 Section 2. This act shall take effect in 60 days. B7L35JRW/19890S0661B0977 - 2 -