1Amending the act of July 19, 1979 (P.L.130, No.48), entitled "An
2act relating to health care; prescribing the powers and
3duties of the Department of Health; establishing and
4providing the powers and duties of the State Health
5Coordinating Council, health systems agencies and Health Care
6Policy Board in the Department of Health, and State Health
7Facility Hearing Board in the Department of Justice;
8providing for certification of need of health care providers
9and prescribing penalties," in preliminary provisions and in
10licensing of health care facilities, further providing for
11definitions.

12The General Assembly of the Commonwealth of Pennsylvania
13hereby enacts as follows:

14Section 1. The definition of "health care facility" in
15section 103 of the act of July 19, 1979 (P.L.130, No.48), known
16as the Health Care Facilities Act, amended October 16, 1998
17(P.L.777, No.95), is amended and the section is amended by
18adding a definition to read:

19Section 103. Definitions.

20The following words and phrases when used in this act shall
21have, unless the context clearly indicates otherwise, the
22meanings given to them in this section:

1* * *

2"Health care facility." For purposes of Chapter 7, any
3health care facility providing clinically related health
4services, including, but not limited to, a general or special
5hospital, including psychiatric hospitals, rehabilitation
6hospitals, ambulatory surgical facilities, long-term care
7nursing facilities, cancer treatment centers using radiation
8therapy on an ambulatory basis and inpatient drug and alcohol
9treatment facilities, both profit and nonprofit and including
10those operated by an agency or State or local government. The
11term shall also include a hospice and a sleep center, regardless 
12of whether the sleep center is operated for profit. The term
13shall not include an office used primarily for the private or
14group practice by health care practitioners where no reviewable
15clinically related health service is offered, a facility
16providing treatment solely on the basis of prayer or spiritual
17means in accordance with the tenets of any church or religious
18denomination or a facility conducted by a religious organization
19for the purpose of providing health care services exclusively to
20clergy or other persons in a religious profession who are
21members of the religious denominations conducting the facility.

22* * *

23"Sleep center." A sleep disorder center, sleep laboratory or 
24other facility that provides testing and treatment for sleep 
25disorders or otherwise focuses on sleep-related breathing 
26disorders.

27* * *

28Section 2. The definition of "health care facility" in 
29section 802.1 of the act, amended July 7, 2006 (P.L.334, No.69), 
30is amended and the section is amended by adding a definition to 

1read:

2Section 802.1. Definitions.

3The following words and phrases when used in this chapter
4shall have, unless the context clearly indicates otherwise, the
5meanings given them in this section:

6* * *

7"Health care facility." For purposes of Chapter 8, a health 
8care facility includes, but is not limited to, a general, 
9chronic disease or other type of hospital, a home health care 
10agency, a home care agency, a hospice, a long-term care nursing 
11facility, cancer treatment centers using radiation therapy on an 
12ambulatory basis, an ambulatory surgical facility, a birth 
13center or a sleep center regardless of whether such health care 
14facility is operated for profit, nonprofit or by an agency of 
15the Commonwealth or local government. The department shall have 
16the authority to license other health care facilities as may be 
17necessary due to emergence of new modes of health care. When the 
18department so finds, it shall publish its intention to license a 
19particular type of health care facility in the Pennsylvania 
20Bulletin in accordance with the act of June 25, 1982 (P.L.633,
21No.181), known as the "Regulatory Review Act." The term health 
22care facility shall not include an office used primarily for the 
23private practice of a health care practitioner, nor a program 
24which renders treatment or care for drug or alcohol abuse or 
25dependence unless located within a health facility, nor a 
26facility providing treatment solely on the basis of prayer or 
27spiritual means. The term health care facility shall not apply 
28to a facility which is conducted by a religious organization for 
29the purpose of providing health care services exclusively to 
30clergymen or other persons in a religious profession who are 

1members of a religious denomination.

2* * *

3"Sleep center." A sleep disorder center, sleep laboratory or 
4other facility that provides testing and treatment for sleep 
5disorders or focuses on sleep-related breathing disorders.

6Section 3. This act shall take effect in 60 days.