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        PRIOR PRINTER'S NO. 1374                      PRINTER'S NO. 1873

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1168 Session of 2005


        INTRODUCED BY HABAY, BEBKO-JONES, CALTAGIRONE, DONATUCCI,
           GEORGE, GOODMAN, W. KELLER, KOTIK, LEACH, LEDERER, MELIO,
           PHILLIPS, PRESTON, RAPP, SCAVELLO, SOLOBAY, SURRA, THOMAS,
           TIGUE, WHEATLEY AND YOUNGBLOOD, MARCH 29, 2005

        AS REPORTED FROM COMMITTEE ON HEALTH AND HUMAN SERVICES, HOUSE
           OF REPRESENTATIVES, AS AMENDED, MAY 3, 2005

                                     AN ACT

     1  Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An
     2     act to consolidate, editorially revise, and codify the public
     3     welfare laws of the Commonwealth," further providing for
     4     visitation and inspection. SPECIAL PROVIDER PARTICIPATION      <--
     5     REQUIREMENTS.

     6     The General Assembly of the Commonwealth of Pennsylvania
     7  hereby enacts as follows:
     8     Section 1.  Section 1074 of the act of June 13, 1967 (P.L.31,  <--
     9  No.21), known as the Public Welfare Code, added December 5, 1980
    10  (P.L.1112, No.193), is amended to read:
    11     Section 1074.  Visitation and Inspection.--(a)  The
    12  department or authorized agent of the department shall have the
    13  right to enter, visit and inspect on a random sample basis, upon
    14  complaint, or upon request of the caregiver, any family day care
    15  or nursing home registered or requiring registration under this
    16  article and shall have free and full access to the premises,
    17  where children are cared for, all records of the premises which
    18  relate to the children's care, and to the children cared for

     1  therein and full opportunity to speak with or observe such
     2  children.
     3     (b)  Nursing homes shall be inspected at least twice
     4  annually. At least one annual inspection shall be announced and
     5  one unannounced.
     6     SECTION 1.  SECTION 1402(D) OF THE ACT OF JUNE 13, 1967        <--
     7  (P.L.31, NO.21), KNOWN AS THE PUBLIC WELFARE CODE, ADDED JULY
     8  10, 1980 (P.L.493, NO.105), IS AMENDED AND THE SECTION IS
     9  AMENDED BY ADDING A SUBSECTION TO READ:
    10     SECTION 1402.  SPECIAL PROVIDER PARTICIPATION REQUIREMENTS.--
    11  * * *
    12     (D)  EACH [SKILLED] NURSING FACILITY [OR INTERMEDIATE CARE
    13  FACILITY] SHALL MAINTAIN A COMPLETE AND ACCURATE RECORD OF ALL
    14  RECEIPTS AND DISBURSEMENTS FOR MEDICAL ASSISTANCE RECIPIENTS'
    15  PERSONAL FUNDS AND SHALL FURNISH EACH SUCH PATIENT A QUARTERLY
    16  REPORT OF ALL TRANSACTIONS RECORDED FOR THAT RECIPIENT.
    17     (E)  EACH NURSING FACILITY SHALL BE INSPECTED AT LEAST TWICE
    18  ANNUALLY FOR COMPLIANCE WITH THIS ACT AND REGULATIONS OF THE
    19  DEPARTMENT.
    20     Section 2.  This act shall take effect in 60 days.







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