PRINTER'S NO. 1983
No. 1626 Session of 2001
INTRODUCED BY SCHULER, PISTELLA, ZIMMERMAN, SATHER, BISHOP,
ARMSTRONG, SAMUELSON, WATSON, C. WILLIAMS, B. SMITH, GRUCELA,
PALLONE AND YUDICHAK, MAY 21, 2001
REFERRED TO COMMITTEE ON AGING AND OLDER ADULT SERVICES,
MAY 21, 2001
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
10 definitions; and providing for licensure of home care.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. The definitions of "health care facility" and
14 "home health care agency" in section 802.1 of the act of July
15 19, 1979 (P.L.130, No.48), known as the Health Care Facilities
16 Act, amended December 18, 1992 (P.L.1602, No.179) and October
17 16, 1998 (P.L.777, No.95), are amended and the section is
18 amended by adding definitions to read:
19 Section 802.1. Definitions.
20 The following words and phrases when used in this chapter
21 shall have, unless the context clearly indicates otherwise, the
1 meanings given them in this section:
2 "Activities of daily living." This term includes services
3 furnished to a person by a home care agency in the person's
4 place of residence or other independent living environment for
5 compensation and which provide assistance to the individual with
6 home management activities, respite care, companionship services
7 or with personal care which includes, but is not limited to,
8 assistance with self-administered medications, feeding,
9 assistance with ambulation, bathing, hair care and grooming,
10 dressing, toileting and transfer activities. The term does not
11 include services provided by a religious organization for the
12 purpose of providing services exclusively to clergymen or other
13 persons in a religious profession who are members of a religious
14 denomination.
15 * * *
16 "Health care facility." For purposes of Chapter 8, a health
17 care facility includes, but is not limited to, a general,
18 chronic disease or other type of hospital, a home health care
19 agency, a home care agency, a hospice, a long-term care nursing
20 facility, cancer treatment centers using radiation therapy on an
21 ambulatory basis, an ambulatory surgical facility, a birth
22 center regardless of whether such health care facility is
23 operated for profit, nonprofit or by an agency of the
24 Commonwealth or local government. The department shall have the
25 authority to license other health care facilities as may be
26 necessary due to emergence of new modes of health care. When the
27 department so finds, it shall publish its intention to license a
28 particular type of health care facility in the Pennsylvania
29 Bulletin in accordance with the act of June 25, 1982 (P.L.633,
30 No.181), known as the "Regulatory Review Act." The term health
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1 care facility shall not include an office used primarily for the
2 private practice of a health care practitioner, nor a program
3 which renders treatment or care for drug or alcohol abuse or
4 dependence unless located within a health facility, nor a
5 facility providing treatment solely on the basis of prayer or
6 spiritual means. The term health care facility shall not apply
7 to a facility which is conducted by a religious organization for
8 the purpose of providing health care services exclusively to
9 clergymen or other persons in a religious profession who are
10 members of a religious denomination.
11 "Home care agency." An organization or part thereof,
12 exclusive of a home health care agency, that supplies, arranges
13 or refers personnel to provide care requiring the services of a
14 professional for skilled care or a paraprofessional for
15 activities of daily living on an hourly, shift or continual
16 basis to persons requiring ongoing medical treatment or
17 assessment or are disabled, aged, injured or sick in their place
18 of residence or other independent living environment for which
19 the organization receives a fee, consideration or compensation
20 of any kind. The term includes, but is not limited to, a private
21 duty home care provider, homemaker, companion, personal care
22 aide, home health care aide, skilled care provider, registry
23 service, intravenous therapy provider, in-home dialysis provider
24 and any of these that are operated by an agency of State or
25 local government. The term does not include a durable medical
26 equipment provider, volunteer provider or individual who
27 provides caregiving services without employment, a contract or
28 other business relationships with a home health care agency,
29 group or individual.
30 "Home health care agency." An organization or part thereof
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1 staffed and equipped to provide nursing and at least one
2 therapeutic service to persons who are disabled, aged, injured
3 or sick in their place of residence[.] or other independent
4 living environment. The agency may also provide other health-
5 related services to protect and maintain persons in their [own
6 home.] place of residence or other independent living
7 environment.
8 * * *
9 Section 2. Section 806 of the act is amended by adding a
10 subsection to read:
11 Section 806. Licensure.
12 * * *
13 (d.1) Home care agency regulations.--In developing rules and
14 regulations for licensure of home care agencies, the department
15 shall take into consideration the standards of nationally
16 recognized accrediting agencies as the department may find
17 appropriate.
18 Section 3. Section 807(b) of the act, amended December 18,
19 1992 (P.L.1602, No.179), is amended to read:
20 Section 807. Application for license.
21 * * *
22 (b) Fees.--Application for a license or for renewal of a
23 license shall be accompanied by the following fees:
24 (1) Regular or special license:
25 Home health agency $250.00
26 Home care agency $250.00
27 Ambulatory surgical facility 250.00
28 Birth center 70.00
29 Long-term care nursing facility 250.00
30 Plus per each long-term care bed in excess of
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1 75 beds 2.00
2 Hospital
3 Every two years 500.00
4 Plus per each inpatient bed
5 every two years 4.00
6 Other health care facility 100.00
7 (2) Provisional license all facilities:
8 Provisional I $400.00
9 Plus per each inpatient bed 4.00
10 Provisional II 600.00
11 Plus per each inpatient bed 6.00
12 Provisional III 800.00
13 Plus per each inpatient bed 8.00
14 Provisional IV 1,000.00
15 Plus per each inpatient bed 10.00
16 * * *
17 Section 4. Section 808(b) of the act, amended October 16,
18 1998 (P.L.777, No.95), is amended to read:
19 Section 808. Issuance of license.
20 * * *
21 (b) Separate and limited licenses.--Separate licenses shall
22 not be required for different services within a single health
23 care facility except that home health care, home care, hospice
24 or long-term nursing care will require separate licenses. A
25 limited license, excluding from its terms a particular service
26 or portion of a health care facility, may be issued under the
27 provisions of this act.
28 * * *
29 Section 5. This act shall take effect in 60 days.
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