THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY BISHOP, COHEN, FABRIZIO, HARKINS, HENNESSEY, PALLONE, READSHAW, SIPTROTH, SOLOBAY, STABACK AND YOUNGBLOOD, FEBRUARY 13, 2009

REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, FEBRUARY 13, 2009  

AN ACT

Amending the act of June 22, 1970 (P.L.378, No.122), entitled

"An act concerning nursing homes; providing for the licensing

of persons charged with the general administration of such

homes; prescribing the powers and duties of the State Board

of Examiners of Nursing Home Administrators; fixing fees and

making certain acts unlawful," further providing for

functions and duties of the board.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 4(b) and (c) of the act of June 22, 1970

(P.L.378, No.122), known as the Nursing Home Administrators

License Act, are amended to read:

Section 4.  Functions and Duties of the Board.--* * *

(b)  The board or any committee or member thereof, acting in

an official capacity, shall have the authority to issue

subpoenas, compel the attendance of witnesses, administer oaths

and take testimony concerning all matters within the

jurisdiction of the board. Such board shall not be bound by the

strict rules of evidence in the conduct of its proceedings but

any determinations made shall be founded upon sufficient legal

evidence to sustain them. The right of appeal from decisions of

the board shall be in accordance with [the provisions of the act

of June 4, 1945 (P.L.1388), known as the "Administrative Agency

Law."] 2 Pa.C.S. Chs. 5 Subch. A (relating to practice and

procedure of Commonwealth agencies) and 7 Subch. A (relating to

judicial review of Commonwealth agency action).

(c)  The board shall also have the authority to make rules

and regulations, not inconsistent with law, as may be necessary

for the proper performance of its duties, and to take such other

actions as may be necessary to enable the Commonwealth to meet

the requirements set forth in appropriate Federal law, and other

pertinent Federal authority. The rules, regulations and actions

authorized under this subsection shall address at least the

following:

(1)  Treatment of nursing home occupants, including paying

attention to their complaints.

(2)  Possession of occupants' possessions and removal of

belongings by theft or otherwise.

(3)  Personal bank accounts of occupants.

(4)  Accounting of occupants' retirement and Social Security

payments.

(5)  Burial expenses, including prepayment requirements.

(6)  Exercise of occupants, especially where needed for

health purposes.

(7)  Proper attention to bed-ridden occupants to avoid

bedsores.

Section 2.  This act shall take effect in 60 days.