PRINTER'S NO. 247
No. 225 Session of 1997
INTRODUCED BY DeLUCA, OLIVER, YOUNGBLOOD, BELARDI, DALEY, VANCE,
MANDERINO, WALKO, ITKIN, STEELMAN, BOSCOLA, MELIO, OLASZ,
TRELLO, CASORIO, RAMOS, CURRY, STABACK, SHANER, HENNESSEY,
MUNDY AND BELFANTI, FEBRUARY 4, 1997
REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES,
FEBRUARY 4, 1997
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 sanctions.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. Section 811 of the act of July 19, 1979 (P.L.130,
13 No.48), known as the Health Care Facilities Act, amended
14 December 18, 1992 (P.L.1602, No.179), is amended to read:
15 Section 811. Reasons for revocation or nonrenewal of license.
16 The department may refuse to renew a license or may suspend
17 or revoke or limit a license for all or any portion of a health
18 care facility, or for any particular service offered by a
19 facility, or may suspend admissions for any of the following
20 reasons:
1 (1) A serious violation of provisions of this act or of
2 the regulations for licensure issued pursuant to this act or
3 of Federal laws and regulations. For the purpose of this
4 paragraph, a serious violation is one which poses a
5 significant threat to the health or safety of patients or
6 residents.
7 (2) Failure of a licensee to submit a plan with a
8 reasonable timetable to correct deficiencies.
9 (3) The existence of a cyclical pattern of deficiencies
10 over a period of two or more years.
11 (4) Failure, by the holder of a provisional license, to
12 correct deficiencies in accordance with a timetable submitted
13 by the applicant and agreed upon by the department.
14 (5) Fraud or deceit in obtaining or attempting to obtain
15 a license.
16 (6) Lending, borrowing or using the license of another,
17 or in any way knowingly aiding or abetting the improper
18 granting of a license.
19 (7) Incompetence, negligence or misconduct in operating
20 the health care facility or in providing services to
21 patients. This paragraph includes failure to properly
22 identify facility personnel with name plates indicating
23 licensure and the nature of licensure.
24 (8) Mistreating or abusing individuals cared for by the
25 health care facility.
26 (9) Serious violation of the laws relating to medical
27 assistance or Medicare reimbursement.
28 (10) Serious violation of other applicable Federal or
29 State laws.
30 Section 2. This act shall take effect in 60 days.
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