PRIOR PRINTER'S NO. 3115 PRINTER'S NO. 4024
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
AS REPORTED FROM COMMITTEE ON AGING AND OLDER ADULT SERVICES,
HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 24, 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"; AND providing <--
11 for onsite investigations; and further providing for provider <--
12 violations. COMPLAINT INVESTIGATIONS. <--
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 THAT does not allege immediate <--
5 jeopardy.
6 * * *
7 "Immediate jeopardy." A situation in which a health care <--
8 LONG-TERM CARE NURSING facility's noncompliance with one or more <--
9 requirements of participation has caused or is likely to cause
10 serious injury, harm, impairment or death to a resident.
11 * * *
12 "Priority complaint." A complaint that alleges immediate
13 jeopardy.
14 Section 2. The act is amended by adding a section to read:
15 Section 813.1. Onsite COMPLAINT investigations. <--
16 (A) INITIAL INSPECTION.--The department shall initiate <--
17 onsite investigations of complaints at health care LONG-TERM <--
18 CARE NURSING facilities as follows:
19 (1) If the complaint is a priority complaint, the onsite
20 inspection shall be initiated within 24 hours of the receipt
21 of the complaint.
22 (2) If the complaint is a general complaint, the onsite <--
23 inspection shall be initiated OR A SURVEYOR SHALL BE ASSIGNED <--
24 TO INITIATE AN INSPECTION within 48 hours of the receipt of
25 the complaint. THE DEPARTMENT SHALL HAVE THE DISCRETION TO <--
26 CONDUCT AN ONSITE INSPECTION DEPENDING UPON THE SEVERITY OF
27 THE COMPLAINT.
28 (B) FOLLOW-UP INSPECTION.--ONCE THE PLAN OF CORRECTION
29 SUBMITTED IN ACCORDANCE WITH SECTION 814 HAS BEEN APPROVED BY
30 THE DEPARTMENT, THE FOLLOW-UP INSPECTION SHALL BE CONDUCTED
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1 AFTER THE LONGEST TARGET DATE FOR COMPLIANCE HAS BEEN REACHED AS
2 NOTED ON THE PLAN OF CORRECTION BUT NO LATER THAN 90 DAYS AFTER
3 THE DEPARTMENT'S INITIAL INSPECTION TO ENSURE COMPLIANCE WITH
4 THE PLAN OF CORRECTION.
5 Section 3. Section 814(a) of the act, amended December 18, <--
6 1992 (P.L.1602, No.179), is amended to read:
7 Section 814. Provider violations.
8 (a) Notice of violations.--Whenever the department shall
9 upon inspection, investigation or complaint find a violation of
10 this chapter or regulations adopted by the department pursuant
11 to this chapter or pursuant to Federal law, it shall give
12 written notice thereof specifying the violation or violations
13 found to the health care provider. Such notice shall require the
14 health care provider to take action or to submit a plan of
15 correction which shall bring the health care facility into
16 compliance with applicable law or regulation within a specified
17 time. The plan of correction must be submitted within 30 days of
18 receipt of the written notice or sooner if directed to do so by
19 the department. The department may ban admissions or revoke a
20 license before a plan of correction is submitted whenever
21 deficiencies pose a significant threat to the health or safety
22 of patients or residents. Once the plan of correction has been
23 approved by the department, the follow-up inspection shall be
24 conducted after the longest target date for compliance has been
25 reached as noted on the plan of correction but no later than 90
26 days after the department's initial inspection to ensure
27 compliance with the plan of correction.
28 * * *
29 Section 4 3. This act shall take effect in 60 days. <--
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