SENATE AMENDED PRIOR PRINTER'S NO. 3939 PRINTER'S NO. 4517
No. 2629 Session of 2008
INTRODUCED BY CURRY, BISHOP, CALTAGIRONE, GEORGE, HENNESSEY, JOSEPHS, W. KELLER, KULA, LENTZ, MAHONEY, MANDERINO, MUNDY, MURT, M. O'BRIEN, OLIVER, PARKER, PAYTON, SABATINA, SURRA, THOMAS, TRUE, WATERS, WILLIAMS, DePASQUALE, MELIO, GERBER, QUINN, WATSON, O'NEILL, MYERS, SIPTROTH, SHAPIRO, PASHINSKI AND MARSICO, JUNE 13, 2008
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, OCTOBER 7, 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," further providing for licensure. 10 The General Assembly of the Commonwealth of Pennsylvania 11 hereby enacts as follows: 12 Section 1. Section 806(g) of the act of July 19, 1979 13 (P.L.130, No.48), known as the Health Care Facilities Act, added 14 October 16, 1998 (P.L.777, No.95), is amended to read: 15 Section 806. Licensure. 16 * * * 17 (g) Hospices.-- 18 (1) The department shall promulgate regulations to 19 provide for a fee for application for the licensure of
1 hospices. The fee shall be an amount sufficient to offset all 2 costs incurred by the department related to the licensure and 3 inspection of hospices. The department shall from time to 4 time, as may be necessary, increase or decrease the fee to 5 reflect actual expenditures related to hospices. Until such 6 time as the department provides for the fee by regulation, an 7 application for a hospice license shall be accompanied by a 8 fee of $250. 9 (2) The department shall promulgate regulations for 10 licensure of hospices. The regulations shall, at a minimum, 11 contain the standards set forth in regulations for hospices 12 certified as providers of the Medicare program under Title 13 XVIII of the Social Security Act (49 Stat. 620, 42 U.S.C. § 14 1395 et seq.). The department may develop additional 15 regulations as necessary to administer the licensure program 16 and to protect the health and safety of the citizens of this 17 Commonwealth. Until final regulations are adopted, the 18 department shall operate the licensing program pursuant to 19 interim guidelines consistent with this paragraph. 20 (2.1) Within 180 days following the effective date of 21 this paragraph, the department shall promulgate proposed 22 regulations, and, within 270 days following the effective 23 date of this paragraph, the department shall promulgate final 24 regulations for the licensure and operation of small 25 residential hospices with 22 or fewer beds. Subject to 26 Federal approval under 42 CFR 418.100(d)(3) (relating to 27 condition of participation hospices that provide inpatient 28 care directly), the regulations shall create an alternative 29 to the fire and safety regulations for hospices certified as 30 providers of the Medicare program under Title XVIII of the 20080H2629B4517 - 2 -
1 Social Security Act (49 Stat. 620, 42 U.S.C. § 1395 et seq.) 2 that currently require hospices to meet standards for nursing 3 homes contained in the 2000 edition of the Life Safety Code 4 of the National Fire Protection Association. In developing 5 the alternative for fire and safety regulations, the 6 department shall consider as a minimum the requirements for 7 residential board and care occupancies set forth in the 2006 8 edition of the Life Safety Code AND OTHER APPLICABLE CODES. <-- 9 (3) Notwithstanding any provision to the contrary, any 10 organization which provides or coordinates the provision of 11 volunteer services for Medicare-certified hospice providers 12 in the hospice delivery systems of its community and which: 13 (i) used "hospice" in its name prior to January 1, 14 1990; 15 (ii) qualified for exemption from Federal income 16 taxation under section 501(c)(3) of the Internal Revenue 17 Code of 1986 (Public Law 99-514, 26 U.S.C. § 1 et seq.) 18 prior to the effective date of this subsection; and 19 (iii) registered with the Department of State 20 pursuant to the act of December 19, 1990 (P.L.1200, 21 No.202), known as the "Solicitation of Funds for 22 Charitable Purposes Act," prior to the effective date of 23 this subsection; may continue to use its name as 24 heretofore. 25 Section 2. This act shall take effect immediately. F4L35JS/20080H2629B4517 - 3 -