PRINTER'S NO. 1474
No. 1324 Session of 1981
INTRODUCED BY GALLEN, APRIL 27, 1981
REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 27, 1981
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," deleting certain definitions and
10 requirements.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. Section 801.1, act of July 19, 1979 (P.L.130,
14 No.48), known as the "Health Care Facilities Act," added July
15 12, 1980 (No.136), is amended to read:
16 Section 801.1. Purpose.
17 It is the purpose of this chapter to protect and promote the
18 public health and welfare through the establishment and
19 enforcement of regulations setting minimum standards in the
20 construction, maintenance and operation of health care
21 facilities. Such standards are intended by the Legislature to
1 assure safe, adequate and efficient facilities and services, and
2 to promote the health, safety and adequate care of the patients
3 or residents of such facilities. It is also the purpose of this
4 chapter to assure quality health care through appropriate and
5 nonduplicative review and inspection with due regard to the
6 protection of the health and rights of privacy of patients and
7 without unreasonably interfering with the operation of the
8 health care facility [or home health agency].
9 Section 2. The definitions of "Health care facility' and
10 "home health care agency" in section 802.1 of the act, added
11 July 12, 1980 (No.136), are amended to read:
12 Section 802.1. Definitions.
13 The following words and phrases when used in this chapter
14 shall have, unless the context clearly indicates otherwise, the
15 meanings given them in this section:
16 * * *
17 "Health care facility." A general, tuberculosis, chronic
18 disease or other type of hospital, a skilled nursing facility, a
19 home health care agency, an intermediate care facility, an
20 ambulatory surgical facility, birth center regardless of whether
21 such health care facility is operated for profit, nonprofit or
22 by an agency of the Commonwealth or local government. The term
23 health care facility shall not include an office used primarily
24 for the private practice of medicine, osteopathy, optometry,
25 chiropractic, podiatry or dentistry, nor a program which renders
26 treatment or care for drug or alcohol abuse or dependence unless
27 located within a health facility, nor a home health care agency,
28 nor a facility providing treatment solely on the basis of prayer
29 or spiritual means. A mental retardation facility is not a
30 health care facility except to the extent that it provides
19810H1324B1474 - 2 -
1 skilled nursing care. The term health care facility shall not
2 apply to a facility which is conducted by a religious
3 organization for the purpose of providing health care services
4 exclusively to clergymen or other persons in a religious
5 profession who are members of a religious denomination.
6 * * *
7 ["Home health care agency." An organization or part thereof
8 staffed and equipped to provide nursing and at least one
9 therapeutic service to disabled, aged, injured or sick persons
10 in their place of residence. The agency may also provide other
11 health-related services to protect and maintain persons in their
12 own home.]
13 * * *
14 Section 3. Subsection (d) of section 806, subsection (b) of
15 section 808 and subsection (a) of section 820 of the act, added
16 July 12, 1980 (No.136), are amended to read:
17 Section 806. Licensure.
18 * * *
19 [(d) Home health care agency regulations.--In developing
20 rules and regulations for licensure of home health care agencies
21 the department shall take into consideration the standards of
22 the National Association of Home Health Agencies, National
23 League of Nursing, Joint Commission on the Accreditation of
24 Hospitals and National Council for Homemakers, Home Health Aides
25 and other accrediting bodies as the department may find
26 appropriate. Home health care agencies certified as providers by
27 the department to the Federal Government for purposes of the
28 Medicare program shall be deemed to comply with and satisfy the
29 department's regulations governing home health care agencies.]
30 * * *
19810H1324B1474 - 3 -
1 Section 808. Issuance of license.
2 * * *
3 (b) Separate and limited licenses.--Separate licenses shall
4 not be required for different services within a single health
5 care facility except that [home health care or] skilled or
6 intermediate nursing care will require separate licenses. A
7 single facility providing both skilled and intermediate care
8 shall need only one separate license to cover those services. A
9 limited license, excluding from its terms a particular service
10 or portion of a health care facility, may be issued under the
11 provisions of this act.
12 * * *
13 Section 820. Existing rules and regulations.
14 (a) Continuation of rules and regulations.--Existing rules
15 and regulations applicable to health care facilities not clearly
16 inconsistent with the provisions of this chapter, shall remain
17 in effect until replaced, revised or amended. In developing
18 regulations, the department shall give priority to developing
19 minimum standards for [home health agencies and] other health
20 care facilities not previously subject to regulation. Sections
21 103.2 and 103.6 of Title 28 of the Pennsylvania Code are
22 repealed.
23 * * *
24 Section 4. This act shall take effect immediately.
C16L71RZ/19810H1324B1474 - 4 -