THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY GODSHALL, BEYER, BOBACK, BRENNAN, CLYMER, MOUL, PASHINSKI, PICKETT, ROAE, SCHRODER, SWANGER AND J. TAYLOR, JUNE 17, 2009

REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES, JUNE 17, 2009  

AN ACT

Amending the act of July 19, 1979 (P.L.130, No.48), entitled "An

act relating to health care; prescribing the powers and

duties of the Department of Health; establishing and

providing the powers and duties of the State Health

Coordinating Council, health systems agencies and Health Care

Policy Board in the Department of Health, and State Health

Facility Hearing Board in the Department of Justice;

providing for certification of need of health care providers

and prescribing penalties," further providing for issuance of

license.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 808(a) of the act of July 19, 1979

(P.L.130, No.48), known as the Health Care Facilities Act,

amended December 18, 1992 (P.L.1602, No.179), is amended and the

section is amended by adding a subsection to read:

Section 808.  Issuance of license.

(a)  Standards.--The department shall issue a license to a

health care provider when it is satisfied that the following

standards have been met:

(1)  that the health care provider is a responsible

person;

(2)  that the place to be used as a health care facility

is adequately constructed, equipped, maintained and operated

to safely and efficiently render the services offered;

(3)  that the health care facility provides safe and

efficient services which are adequate for the care, treatment

and comfort of the patients or residents of such facility;

(4)  that there is substantial compliance with the rules

and regulations adopted by the department pursuant to this

act; [and]

(5)  that a certificate of need has been issued if one is

necessary[.]; and

(6)  that the applicant or health care facility has not

been found guilty of, regardless of adjudication, or entered

a plea of nolo contendere or guilty to, any offense

prohibited under the laws of this Commonwealth or a felony or

any substantially comparable offense or crime of another

state or of the United States within the past ten years.

(a.1)  Disclosure.--Each individual, entity or facility

required to provide background screening shall disclose an

arrest for any crime for which a court disposition other than

dismissal has been made within the past ten years. Failure to

provide such information shall be considered a material omission

in the application process.

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