H2293B2687A04173 AJB:EJH 05/11/22 #90 A04173
AMENDMENTS TO HOUSE BILL NO. 2293
Sponsor: REPRESENTATIVE FRANKEL
Printer's No. 2687
Amend Bill, page 2, lines 25 through 29, by striking out all
of said lines and inserting
"Person." Any of the following:
(1) An individual, firm, corporation, partnership or
association.
(2) A controlling person.
"Registration." A registration issued by the department to a
person that operates a temporary health care services agency
under section 802-A.
Amend Bill, page 3, line 10, by inserting after "that"
owns or
Amend Bill, page 4, line 6, by inserting after "annually"
. The department may, by regulation, increase the annual
registration fee
Amend Bill, page 4, lines 8 through 16, by striking out
"Failure to register.--If a temporary health care" in line 8,
all of lines 9 through 15 and "(e)" in line 16
Amend Bill, page 4, line 17, by striking out "issued by the
department according to this section"
Amend Bill, page 4, lines 19 through 22, by striking out the
colon in line 19, all of lines 20 and 21 and "(2)" in line 22
Amend Bill, page 4, line 23, by striking out "or management"
Amend Bill, page 4, line 24, by striking out ", but the" and
inserting
. The
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Amend Bill, page 4, line 25, by striking out "may" and
inserting
shall
Amend Bill, page 4, line 25, by inserting after "apply"
and receive approval
Amend Bill, page 4, line 26, by inserting after
"registration"
before operating the temporary health care services
agency
Amend Bill, page 5, line 12, by inserting after "insurance"
of not less than $500,000
Amend Bill, page 5, line 14, by striking out "person" and
inserting
individual
Amend Bill, page 6, lines 14 and 15, by striking out
"revocation or nonrenewal of its registration " and inserting
the sanctions imposed under section 807-A
Amend Bill, page 6, lines 16 through 30; page 7, lines 1
through 23; by striking out all of said lines on said pages and
inserting
Section 804-A. Oversight.
Amend Bill, page 7, line 27, by striking out "this chapter"
and inserting
the provisions of this chapter and the regulations
promulgated under section 808-A
Amend Bill, page 8, lines 2 through 19, by striking out all
of said lines
Amend Bill, page 8, line 20, by striking out "806-A" and
inserting
805-A
Amend Bill, page 8, line 27, by striking out all of said line
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and inserting
Section 806-A. Remedies and plans of correction.
(a) Correction of violations.--Upon determining that a
temporary health care services agency has violated the
provisions of this chapter or the regulations promulgated under
section 808-A, the department may issue a written notice to the
person that owns or operates the temporary health care services
agency stating that a violation has been committed by the
temporary health care services agency. The following shall
apply:
(1) The department shall state in the written notice
under this subsection that the temporary health care services
agency is required to take immediate action to remedy the
violation or, if the temporary health care services agency is
unable to immediately remedy the violation, submit a plan of
correction to the department.
(2) If the temporary health care services agency is
required to submit a plan of correction to the department
under paragraph (1), the department may direct that the
violation be remedied within a specified period of time. The
temporary health care services agency must submit the plan of
correction within 30 days of the department's issuance of the
written notice under this subsection.
(3) If the department determines that the temporary
health care services agency is required to take immediate
corrective action, the department shall state in the written
notice under this subsection that the temporary health care
services agency is required to provide prompt confirmation to
the department that the corrective action has been taken.
(b) Contrary to public interest . --The department may not
provide an opportunity for a temporary health care services
agency to remediate a violation under subsection (a) without
imposing sanctions under section 807-A(b) if the department
determines that it is contrary to the public interest.
Section 807-A. Sanctions.
(a) Grounds for sanctions.--The department may sanction a
temporary health care services agency or a controlling person of
the temporary health care services agency or refuse to issue a
registration to the person that owns or operates the temporary
health care services agency, as applicable, for any of the
following reasons:
(1) Violating the provisions of this chapter or the
regulations promulgated under section 808-A.
(2) Failing to take immediate action to remedy a
violation of the provisions of this chapter or the
regulations promulgated under section 808-A in accordance
with section 806-A(a).
(3) Failing to submit a plan of correction to the
department or failing to comply with a plan of correction in
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accordance with section 806-A(a).
(4) Engaging in fraud or deceit in obtaining or
attempting to obtain a registration.
(5) Lending the temporary health care services agency's
registration to another person.
(6) Enabling another person to manage or operate the
temporary health care services agency who is not subject to
the temporary health care services agency's registration.
(7) Using the registration of another person or in any
way knowingly aiding or abetting the improper granting of a
registration.
(8) Violating an order previously issued by the
department in a disciplinary matter.
(9) For a temporary health care services agency
operating in this Commonwealth on the effective date of this
section, continuing operations without complying with the
provisions of this chapter on or after the date when the
provisions of this chapter are applicable to the temporary
health services agency.
(10) Any other reasons specified in the regulations
promulgated by the department under section 808-A as
necessary to implement this chapter or to protect the health
and safety of health care personnel, health care facilities
or the public.
(b) Types of sanctions.--The department may impose any of
the following sanctions for a reason specified under subsection
(a):
(1) Deny the application for registration or renewal of
the registration.
(2) Revoke, suspend, limit or otherwise restrict the
registration.
(3) Impose a civil penalty of no more than $5,000 for
each incident in which the temporary health care services
agency engages in conduct prohibited under subsection (a).
Each day when the temporary health care services agency
engages in conduct prohibited under subsection (a) shall
constitute a separate and distinct incident.
(4) Stay enforcement of any revocation, suspension,
limitation or other restriction under paragraph (2) or any
other discipline and place the temporary health care services
agency on probation with the right to vacate the probationary
order for noncompliance with the provisions of this chapter.
(c) Reinstatement of registration.--
(1) If a temporary health care services agency's
registration has been revoked by the department, the person
that owns or operates the temporary health care services
agency may not apply for reinstatement of the registration.
(2) No earlier than five years after the date of the
revocation of the registration, the person that owns or
operates the temporary health care services agency may submit
a petition to the department to apply for a new registration.
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The person that owns or operates the temporary health care
services agency shall include an averment to facts to
establish that the temporary health care services agency has
been rehabilitated and the issuance of a new registration is
not contrary to the public interest.
(3) The department may grant or deny the petition under
paragraph (2) without conducting a hearing if department
accepts as true all facts averred in the petition, other than
the conclusory averments regarding the temporary health care
services agency's rehabilitation. If the department grants
the petition under paragraph (2), the person that owns or
operates the temporary health care services agency shall
comply with the provisions of this chapter. If the department
denies the petition under paragraph (2), the person that owns
or operates the temporary health care services agency may not
submit a new petition until one year has elapsed from the
date of the denial.
(d) Administrative proceedings.--The department shall hold
hearings and issue adjudications for proceedings conducted under
this chapter in accordance with 2 Pa.C.S. (relating to
administrative law and procedure) and shall conduct the
proceedings in accordance with 1 Pa. Code Pt. II (relating to
general rules of administrative practice and procedure).
(e) Judicial appeals.--Department adjudications issued under
this chapter may be appealed to Commonwealth Court under 42
Pa.C.S. ยง 763 (relating to direct appeals from government
agencies).
Section 808-A. Regulations.
Within two years of the effective date of this section, the
department shall promulgate regulations necessary to implement
the provisions of this chapter.
Section 2. This act shall apply as follows:
(1) For a temporary health care services agency that
commences operations in this Commonwealth after the effective
date of this section, the requirements in the addition of
Chapter 8-A of the act shall apply to the temporary health
care services agency beginning 90 days after the effective
date of this section.
(2) For a temporary health care services agency
operating in this Commonwealth on the effective date of this
section, the requirements in the addition of Chapter 8-A of
the act shall apply to the temporary health care services
agency beginning 180 days after the effective date of this
section.
Section 3. This act shall take effect immediately.
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See A04173 in
the context
of HB2293