PRIOR PRINTER'S NO. 592 PRINTER'S NO. 3338
No. 538 Session of 1975
INTRODUCED BY MESSRS. RHODES, DiCARLO, LINCOLN, BARBER,
MRS. KELLY, MR. COHEN, MRS. CRAWFORD, MESSRS. HILL, JOHNSON,
CAPUTO, ITKIN, FLAHERTY, FEE, OLIVER, DORR, MORRIS AND
PANCOAST, FEBRUARY 19, 1975
AS RE-REPORTED FROM COMMITTEE ON HEALTH AND WELFARE, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 2, 1976
AN ACT
1 Providing for the licensing of boarding homes for the aged or <--
2 handicapped and establishing penalties.
3 PROVIDING FOR THE LICENSING OF BOARDING HOMES FOR THE <--
4 PHYSICALLY, MENTALLY OR GERIATRICALLY HANDICAPPED,
5 ESTABLISHING PENALTIES AND MAKING AN APPROPRIATION.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Short Title.--This act shall be known and may be
9 cited as the "Boarding Home Act."
10 Section 2. Definitions.--As used in this act: <--
11 "Boarder," means an individual who is domiciled in a boarding
12 home for the aged or handicapped and who because of age or
13 disability is unable to perform one or more daily routine
14 activities without some level of supervision or assistance.
15 "Boarding home for the aged or handicapped," means any
16 institution or facility, however named which is operated for
17 profit or otherwise and which is advertised, announced or
18 maintained for the express or implied purpose of providing
1 shelter, services or supervision for two or more persons,
2 unrelated to the proprietor of the facility, who require some
3 level of supervision or assistance in carrying out daily routine
4 activities, but who are not so ill, aged or disabled as to
5 require institutionalization in a facility providing a higher
6 level of care.
7 "Daily routine activities," means those basic activities
8 which, as a rule, are engaged in by all individuals on a regular
9 daily basis. Such activities shall include, but not necessarily
10 be limited to, bathing, dressing, eating and similar activities.
11 "Department," means the Department of Health of the
12 Commonwealth of Pennsylvania.
13 "Non-care boarding home," means any facility, however named,
14 which provides room and/or board for persons who require neither
15 care, assistance nor supervision or for persons who, while
16 requiring some level of care, supervision or assistance, choose
17 not to reside in a boarding home for the aged or handicapped or
18 other facility which offers such services.
19 "Proprietor," means the individual having ultimate
20 responsibility for the general management, operation and
21 maintenance of a boarding home for the aged or handicapped.
22 Section 3. License Required.--It shall be unlawful for any
23 person to operate within this Commonwealth, for profit or
24 otherwise, a boarding home for the aged or handicapped without a
25 license as hereinafter required; but, this act shall not be
26 construed to apply to any State or State-aided institution
27 licensed by the Department of Welfare or the Department of
28 Health under other statutes or to non-care boarding homes.
29 Section 4. Application for License.--Every person desiring
30 to operate a boarding home for the aged or handicapped shall
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1 file an application for a license with the department. The
2 application shall be on a form prescribed, prepared and
3 furnished by the department, and, together with such other
4 information as the department shall require, shall state:
5 (1) The name and address of the applicant and of the person
6 who will be the proprietor of the boarding home for the aged or
7 handicapped, if different from the applicant. If the applicant
8 is a copartnership, association or corporation, the application
9 shall also state the names and addresses of all the partners and
10 officers, as the case may be.
11 (2) The location of the boarding home for the aged or
12 handicapped and, if the applicant is a copartnership,
13 association or corporation, the state of organization or
14 incorporation.
15 (3) The facilities of the boarding home for the aged and
16 handicapped for providing care, service or assistance, including
17 sanitary and fire protection facilities.
18 Section 5. Pre-licensure Investigation.--Upon receipt of an
19 application for a license, the department shall cause a thorough
20 investigation to be made as to the qualifications of the
21 applicant and, if the applicant is a partnership, association or
22 corporation, of all the officers or partners, as the case may
23 be, and of the person designated in the application as the
24 proprietor of the boarding home for the aged or handicapped, the
25 adequacy of the facilities of the home to furnish the type of
26 care, services, supervision and assistance specified in the
27 application, the sanitary and fire protection facilities, the
28 reasonableness of rates charged to boarders and any other matter
29 or thing which the department finds to be reasonably necessary
30 for the proper operation of a boarding home for the aged or
19750H0538B3338 - 3 -
1 handicapped.
2 Section 6. Issuance of License; Term and Content of License;
3 Payment of Fee.--(a) The department shall when satisfied that
4 the applicant for such license, and the proprietor named in the
5 application, if different from the applicant, is a responsible
6 person, that the place sought to be used as a boarding home for
7 the aged or handicapped is a suitable place for such purpose and
8 is properly equipped therefor, and when all requirements of this
9 act have been complied with, issue a license to the applicant,
10 upon payment of a license fee of $25 which shall be paid into
11 the State Treasury through the Department of Revenue.
12 (b) All licenses issued by the department under this act
13 shall expire one year next following the day on which issued,
14 shall be on a form prescribed by the department, shall not be
15 transferable with respect to either the facility or the
16 proprietor thereof, shall specify the maximum number of
17 individuals who may be cared for in the facility at any one
18 time, shall be posted in a conspicuous place on the premises
19 used as a boarding home for the aged or handicapped, and may be
20 renewed from year to year upon application, investigation and
21 payment of the license fee, as in the procurement of an original
22 license.
23 Section 7. Provisional Licenses.--(a) When there has been
24 substantial but not complete compliance with all applicable
25 statutes, ordinances and regulations and when the applicant has
26 taken, or is taking appropriate steps to correct deficiencies,
27 the department shall issue a provisional license for a specified
28 period of not more than six months which may be renewed three
29 times. Upon full compliance, a regular license shall be issued
30 immediately by the department.
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1 (b) The department shall be responsible for providing
2 assistance to those persons who are eligible, or who desire to
3 become eligible, for such a provisional license to correct
4 deficiencies, fulfill the requirements of all applicable
5 statutes, ordinances and regulations and to achieve eligibility
6 for a provisional, and, ultimately, for a regular license.
7 Section 8. Revocation of Licenses.--(a) Whenever the
8 department shall, upon inspection, investigation or complaint,
9 learn of any violation of this act or of rules and regulations
10 adopted by the department, or of any failure to establish,
11 provide or maintain the standards and facilities required by the
12 department, shall give written notice to the offending licensee.
13 (b) The department may revoke the license of said licensee,
14 if such violations do not cease or if such standards and
15 facilities are not established or brought into conformity with
16 those prescribed by the department within two months after such
17 written notice.
18 (c) The department may grant one or more extensions of time
19 for an offending licensee to correct deficiencies or bring
20 standards and facilities into conformity with the requirements
21 of the law. Where the violations of which notice was given do
22 not present an imminent danger to the life, health and safety of
23 a boarder or boarders and where the licensee is taking
24 appropriate steps to correct violations.
25 Section 9. Penalties for Operation Without License.--Any
26 person, or any or all officers or partners of any partnership,
27 association or corporation maintaining or operating within this
28 Commonwealth a boarding home for the aged or handicapped without
29 a license required by this act shall be guilty of a misdemeanor
30 of the third degree and a second or subsequent violation shall
19750H0538B3338 - 5 -
1 be guilty of a misdemeanor of the first degree.
2 Section 10. Rules and Regulations; Visitation and
3 Inspection.--(a) The department may make and enforce reasonable
4 rules and regulations for the issuance and removal of such
5 licenses, for the proper maintenance, operation and conduct of
6 such boarding homes for the aged and handicapped, and for the
7 violation, examination and inspection of all such homes.
8 (b) The department or its duly authorized representative
9 shall have free and full access to the grounds, premises and
10 buildings and to the records of any home licensed under this
11 act, and full opportunity to question or interview any boarder
12 thereof to insure that the home is being operated in compliance
13 with all applicable rules and regulations, all proprietors and
14 other persons connected with such homes, such as officers of a
15 corporation which operates such a home, are hereby directed to
16 give to the department or its duly authorized representative
17 such means, facilities and opportunity as necessary to enable
18 the department to carry out such visitation, examination,
19 inspection and interviewing as provided by this act and any
20 rules and regulations adopted by the department pursuant hereto.
21 (c) All such visitations, examinations, inspections and
22 interviews shall be conducted at reasonable times and after 24
23 hour notice to the licensee unless the department has reason to
24 believe that an immediate visitation, examination, inspection or
25 interview is necessary to prevent or alleviate an imminent
26 danger to the life, health or safety of a boarder or boarders.
27 Section 11. Duty to Report Suspected Violations.--(a) the
28 following persons and officials are required to report to the
29 department when they have reasonable cause to suspect that a
30 boarding home for the aged or handicapped is being operated in
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1 violation of this act: All officers and employees of any city,
2 county or State agency, department, commission or institution.
3 Such persons shall include, but not be limited to, police
4 officers, fire department employees and adult welfare services
5 workers.
6 (b) Any person may make such a report if such person has
7 reasonable cause to suspect that a boarding home for the aged or
8 handicapped is being operated in violation of this act.
9 Section 12. Penalty for Failure to Report.--Any person or
10 official required by this act to report suspected violations and
11 who wilfully fails to do so shall be guilty of a summary
12 offense.
13 Section 13. Unlawful Referrals and Transfers.--It shall be
14 unlawful for any official or employee, of any State, State-aided
15 or municipal department, agency, commission, or institution or
16 of an institution district to refer or transfer any individual
17 to a boarding home for the aged or handicapped if the official
18 or employee knows or should know that such home is not licensed
19 as required by this act.
20 Section 14. Penalty for Unlawful Referral or Transfer.--Any
21 person who makes a referral or transfers an individual in
22 violation of this act shall be guilty of a summary offense.
23 Section 15. Appropriation.--The sum of $500,000 is hereby
24 appropriated to the Department of Health for the establishment
25 of services prescribed by this act.
26 Section 16. County Health Departments.--In counties which
27 have or establish a county department of health, such county
28 departments are hereby authorized to contract with the
29 department to perform the services and functions prescribed by
30 this act; and, upon so contracting, such county department shall
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1 receive from the department such funds as are necessary to carry
2 out the services and functions prescribed by this act in the
3 county where situated.
4 Section 17. Effective Date.--This act shall take effect in
5 six months.
6 SECTION 2. DEFINITIONS.--AS USED IN THIS ACT: <--
7 "BOARDER" MEANS AN INDIVIDUAL WHO, BECAUSE OF PHYSICAL,
8 MENTAL OR GERIATRIC HANDICAP OR DISABILITY REQUIRES, IN ADDITION
9 TO ROOM AND BOARD, ASSISTANCE OR SUPERVISION IN SUCH MATTERS AS
10 BATHING, DRESSING, DIET, AND HEALTH MAINTENANCE, INCLUDING BUT
11 NOT LIMITED TO ASSISTANCE IN ADMINISTERING PRESCRIBED
12 MEDICATIONS OR IN CARRYING OUT THE DIRECTIVES OR ORDERS OF A
13 DOCTOR OR NURSE, BUT WHO IS NOT SO HANDICAPPED OR DISABLED THAT
14 HE IS IN NEED OF SKILLED NURSING HOME CARE OR HOSPITALIZATION.
15 "BOARDING HOME" MEANS ANY INSTITUTION OR FACILITY, HOWEVER
16 NAMED, WHICH IS OPERATED FOR PROFIT OR OTHERWISE AND WHICH
17 HOUSES TWO OR MORE BOARDERS UNRELATED TO THE OPERATOR OF THE
18 INSTITUTION OR FACILITY INCLUDING PERSONAL CARE HOMES FOR
19 ADULTS.
20 "DEPARTMENT" MEANS THE DEPARTMENT OF HEALTH OF THE
21 COMMONWEALTH OF PENNSYLVANIA.
22 "OPERATOR" MEANS THE INDIVIDUAL HAVING ULTIMATE
23 RESPONSIBILITY FOR THE GENERAL MANAGEMENT, DAILY OPERATION AND
24 MAINTENANCE OF A BOARDING HOME.
25 "OWNER" MEANS THE PERSON HAVING ULTIMATE FINANCIAL CONTROL
26 AND RESPONSIBILITY FOR THE GENERAL OPERATION OF THE BOARDING
27 HOME.
28 "TEAM" MEANS A GROUP OF THREE INDIVIDUALS CONSISTING OF ONE
29 EACH FROM THE DEPARTMENT OF HEALTH, THE DEPARTMENT OF WELFARE,
30 AND THE DEPARTMENT OF LABOR AND INDUSTRY, OR DESIGNATED
19750H0538B3338 - 8 -
1 REPRESENTATIVES THEREOF.
2 SECTION 3. LICENSE REQUIRED.--EFFECTIVE JANUARY 1, 1979, IT
3 SHALL BE UNLAWFUL FOR ANY PERSON TO OPERATE WITHIN THIS
4 COMMONWEALTH, FOR PROFIT OR OTHERWISE, A BOARDING HOME WITHOUT A
5 LICENSE AS HEREINAFTER REQUIRED; BUT, THIS ACT SHALL NOT BE
6 CONSTRUED TO APPLY TO ANY STATE OR STATE-AIDED INSTITUTION
7 LICENSED BY THE DEPARTMENT OF WELFARE OR THE DEPARTMENT OF
8 HEALTH UNDER OTHER STATUTES.
9 SECTION 4. APPLICATION FOR A LICENSE.--EFFECTIVE JANUARY 1,
10 1977 AND THEREAFTER, EVERY OWNER DESIRING TO OPERATE A BOARDING
11 HOME WITHIN THE COMMONWEALTH SHALL FILE AN APPLICATION FOR A
12 LICENSE WITH THE DEPARTMENT AND PAY THE APPROPRIATE FEE AS
13 PRESCRIBED HEREIN. THE APPLICATION SHALL BE ON A FORM
14 PRESCRIBED, PREPARED AND FURNISHED BY THE DEPARTMENT, AND,
15 TOGETHER WITH SUCH OTHER INFORMATION AS THE DEPARTMENT SHALL
16 REQUIRE, SHALL STATE:
17 (1) THE NAME AND ADDRESS OF THE APPLICANT AND OF THE PERSON
18 WHO WILL BE THE OPERATOR OF THE BOARDING HOME, IF DIFFERENT FROM
19 THE APPLICANT. IF THE APPLICANT IS A COPARTNERSHIP, ASSOCIATION
20 OR CORPORATION, THE APPLICATION SHALL ALSO STATE THE NAMES AND
21 ADDRESSES OF ALL THE PARTNERS AND OFFICERS, AS THE CASE MAY BE.
22 (2) THE LOCATION OF THE BOARDING HOME AND, IF THE APPLICANT
23 IS A COPARTNERSHIP, ASSOCIATION OR CORPORATION, THE STATE OF
24 ORGANIZATION OR INCORPORATION.
25 (3) THE TYPE AND EXTENT OF FACILITIES OF THE BOARDING HOME
26 FOR PROVIDING CARE, SERVICE OR ASSISTANCE, INCLUDING SANITARY
27 AND FIRE PROTECTION FACILITIES.
28 SECTION 5. APPLICATION FEE.--EFFECTIVE JANUARY 1, 1977 AND
29 THEREAFTER, THE FEE FOR APPLICATION FOR A LICENSE SHALL BE AS
30 FOLLOWS:
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1 JANUARY 1, 1977 THROUGH DECEMBER 31, 1977.......... $100
2 JANUARY 1, 1978 THROUGH DECEMBER 31, 1978.......... 200
3 JANUARY 1, 1979 AND THEREAFTER..................... 300
4 THE APPLICATION FEE SHALL BE PAID WITH THE SUBMISSION OF THE
5 APPLICATION FOR A LICENSE, AND SHALL BE NONREFUNDABLE, AND SHALL
6 BE PAID INTO THE STATE TREASURY THROUGH THE DEPARTMENT OF
7 REVENUE.
8 SECTION 6. PRELICENSURE INVESTIGATION.--(A) PRIOR TO THE
9 ISSUANCE OF A LICENSE, THE DEPARTMENT SHALL CAUSE A THOROUGH
10 INVESTIGATION TO BE MADE AS TO THE QUALIFICATION OF THE
11 APPLICANT AND, IF THE APPLICANT IS A COPARTNERSHIP, ASSOCIATION
12 OR CORPORATION, OF ALL THE OFFICERS OR PARTNERS, AS THE CASE MAY
13 BE, AND OF THE PERSON DESIGNATED IN THE APPLICATION AS THE
14 PROPRIETOR OF THE BOARDING HOME, THE ADEQUACY OF THE FACILITIES
15 OF THE HOME TO FURNISH THE TYPE OF CARE, SERVICES, SUPERVISION
16 AND ASSISTANCE SPECIFIED IN THE APPLICATION AND BY THE
17 DEPARTMENT, THE SANITARY AND FIRE PROTECTION FACILITIES, THE
18 REASONABLENESS OF RATES CHARGED TO BOARDERS AND ANY OTHER MATTER
19 OR THING WHICH THE DEPARTMENT FINDS TO BE REASONABLE AND
20 NECESSARY FOR THE PROPER OPERATION OF A BOARDING HOME AND THE
21 ADEQUATE PROTECTION OF THE LIFE, HEALTH AND SAFETY OF THE
22 BOARDERS.
23 (B) THE DEPARTMENT SHALL PROMULGATE RULES AND REGULATIONS
24 NECESSARY TO CARRY OUT ITS RESPONSIBILITIES UNDER THIS ACT. THE
25 DEPARTMENT SHALL FURTHER DESIGNATE AND SUPERVISE A TEAM, WHO'S
26 RESPONSIBILITY IT WILL BE TO CARRY OUT THE DEPARTMENTS
27 RESPONSIBILITIES AS DESIGNATED IN SUBSECTION (A). THE MEMBERS OF
28 THIS TEAM SHALL BE APPOINTED BY THE SECRETARIES OF THEIR
29 RESPECTIVE DEPARTMENTS.
30 SECTION 7. ISSUANCE OF LICENSE; TERM AND CONTENT OF LICENSE;
19750H0538B3338 - 10 -
1 PAYMENT OF FEE.--(A) THE DEPARTMENT, WHEN SATISFIED THROUGH ITS
2 PRELICENSURE INVESTIGATION, THAT THE APPLICANT FOR SUCH LICENSE,
3 AND THE PROPRIETOR NAMED IN THE APPLICATION, IF DIFFERENT FROM
4 THE APPLICANT, MEETS THE STANDARDS AND REQUIREMENTS AS SET FORTH
5 IN THIS ACT OR AS DETERMINED BY THE DEPARTMENT, THAT THE PLACE
6 SOUGHT TO BE USED AS A BOARDING HOME IS SUITABLE FOR SUCH
7 PURPOSE AND IS PROPERLY EQUIPPED THEREFOR, AND WHEN ALL
8 REQUIREMENTS OF THIS ACT HAVE BEEN COMPLIED WITH, SHALL ISSUE A
9 LICENSE TO THE APPLICANT, UPON PAYMENT OF A LICENSE FEE OF $500
10 WHICH SHALL BE PAID INTO THE STATE TREASURY THROUGH THE
11 DEPARTMENT OF REVENUE.
12 (B) ALL LICENSES ISSUED BY THE DEPARTMENT UNDER THIS ACT
13 SHALL EXPIRE ONE YEAR NEXT FOLLOWING THE DAY ON WHICH ISSUED,
14 SHALL BE ON A FORM PRESCRIBED BY THE DEPARTMENT, SHALL NOT BE
15 TRANSFERABLE WITH RESPECT TO EITHER THE APPLICANT OR THE
16 FACILITY, SHALL SPECIFY THE MAXIMUM NUMBER OF BOARDERS WHO MAY
17 BE CARED FOR IN THE FACILITY AT ANY ONE TIME, SHALL BE POSTED IN
18 A CONSPICUOUS PLACE ON THE PREMISES USED AS A BOARDING HOME, AND
19 MAY BE RENEWED FROM YEAR TO YEAR UPON PAYMENT OF THE LICENSE FEE
20 AS PRESCRIBED IN THIS ACT.
21 (C) THE DEPARTMENT MAY, UPON ITS OWN INITIATIVE, AND SHALL
22 UPON WRITTEN COMPLAINT, CAUSE A REINVESTIGATION TO BE MADE OF
23 ANY BOARDING HOME AS PRESCRIBED IN SECTION 6, PRIOR TO ISSUING A
24 RENEWAL OF THE ORIGINAL LICENSE.
25 SECTION 8. PROVISIONAL LICENSES.--(A) WHEN THERE HAS BEEN
26 SUBSTANTIAL BUT NOT COMPLETE COMPLIANCE WITH ALL APPLICABLE
27 STATUTES, ORDINANCES AND REGULATIONS AND WHEN THE APPLICANT HAS
28 TAKEN, OR IS TAKING APPROPRIATE STEPS TO CORRECT DEFICIENCIES,
29 THE DEPARTMENT SHALL ISSUE A PROVISIONAL LICENSE FOR A SPECIFIED
30 PERIOD OF NOT MORE THAN SIX MONTHS WHICH MAY BE RENEWED ONCE.
19750H0538B3338 - 11 -
1 (B) A PROVISIONAL LICENSE SHALL BE ISSUED UPON PAYMENT OF A
2 $250 PROVISIONAL LICENSE FEE, SUCH FEE NOT BEING APPLIED TOWARD
3 A REGULAR LICENSE OR ANOTHER PROVISIONAL LICENSE. UPON FULL
4 COMPLIANCE, A REGULAR LICENSE SHALL BE ISSUED IMMEDIATELY BY THE
5 DEPARTMENT UPON PAYMENT OF THE REGULAR LICENSE FEE.
6 (C) THE DEPARTMENT SHALL BE RESPONSIBLE FOR PROVIDING
7 TECHNICAL ASSISTANCE AND ADVICE TO THOSE PERSONS WHO ARE
8 ELIGIBLE, OR WHO DESIRE TO BECOME ELIGIBLE, FOR SUCH A
9 PROVISIONAL LICENSE TO CORRECT DEFICIENCIES, FULFILL THE
10 REQUIREMENTS OF ALL APPLICABLE STATUTES, ORDINANCES AND
11 REGULATIONS AND TO ACHIEVE ELIGIBILITY FOR A PROVISIONAL, AND,
12 ULTIMATELY, FOR A REGULAR LICENSE.
13 SECTION 9. REVOCATION OF LICENSES.--(A) WHENEVER THE
14 DEPARTMENT SHALL, UPON INSPECTION, INVESTIGATION OR WRITTEN
15 COMPLAINT, LEARN OF ANY VIOLATION OF THIS ACT OR OF THE RULES
16 AND REGULATIONS ADOPTED BY THE DEPARTMENT, OR OF ANY FAILURE TO
17 ESTABLISH, PROVIDE OR MAINTAIN THE STANDARDS AND FACILITIES
18 REQUIRED BY THIS ACT OR BY THE DEPARTMENT, SHALL GIVE WRITTEN
19 NOTICE TO THE OFFENDING LICENSEE.
20 (B) UPON RECEIPT OF WRITTEN NOTICE FROM THE DEPARTMENT, THE
21 OFFENDING LICENSEE SHALL HAVE 60 DAYS TO BRING SAID VIOLATIONS
22 INTO CONFORMITY WITH THOSE PRESCRIBED BY THIS ACT OR BY THE
23 DEPARTMENT. THE DEPARTMENT MAY REVOKE THE LICENSE OF SAID
24 LICENSEE IF SAID VIOLATIONS DO NOT CEASE WITHIN THE PRESCRIBED
25 PERIOD OF TIME.
26 (C) THE DEPARTMENT, WHERE THE VIOLATIONS OF WHICH NOTICE WAS
27 GIVEN DO NOT PRESENT AN IMMINENT DANGER TO THE LIFE, HEALTH AND
28 SAFETY OF A BOARDER OR BOARDERS AND WHERE THE LICENSEE IS TAKING
29 APPROPRIATE STEPS TO CORRECT SAID VIOLATIONS, MAY GRANT NO MORE
30 THAN TWO ADDITIONAL EXTENSIONS OF TIME, NOT TO EXCEED 60 DAYS
19750H0538B3338 - 12 -
1 EACH, FOR AN OFFENDING LICENSEE TO CORRECT DEFICIENCIES OR BRING
2 STANDARDS AND FACILITIES INTO CONFORMITY WITH THE REQUIREMENTS
3 OF THE LAW.
4 (D) THE DEPARTMENT, IN ALL INSTANCES WHERE A LICENSE OF A
5 BOARDING HOME IS REVOKED, SHALL HAVE THE RESPONSIBILITY OF
6 RELOCATING ALL BOARDERS INTO FACILITIES MEETING THE REQUIREMENTS
7 OF THIS ACT, PRIOR TO THE CLOSING OF THE OFFENDING BOARDING
8 HOME.
9 SECTION 10. PENALTIES FOR OPERATION WITHOUT A LICENSE.--ANY
10 PERSON, OR ANY OR ALL OFFICERS OR PARTNERS OF ANY COPARTNERSHIP,
11 ASSOCIATION OR CORPORATION MAINTAINING OR OPERATING WITHIN THE
12 COMMONWEALTH OF PENNSYLVANIA A BOARDING HOME, FOR PROFIT OR
13 OTHERWISE, WITHOUT A LICENSE AS REQUIRED BY THIS ACT SHALL BE
14 GUILTY OF A MISDEMEANOR OF THE THIRD DEGREE AND A SECOND OR
15 SUBSEQUENT VIOLATION SHALL BE GUILTY OF A MISDEMEANOR OF THE
16 FIRST DEGREE.
17 SECTION 11. RULES AND REGULATIONS; VISITATION AND
18 INSPECTION.--(A) THE DEPARTMENT SHALL MAKE AND ENFORCE RULES AND
19 REGULATIONS FOR ISSUANCE OF SUCH LICENSES, FOR THE PROPER
20 MAINTENANCE, OPERATION AND CONDUCT OF SUCH BOARDING HOMES, AND
21 SHALL MAKE AND ENFORCE RULES AND REGULATIONS FOR THE REMOVAL OF
22 SUCH LICENSES BASED UPON EXAMINATION, INSPECTION AND VIOLATION
23 OF ANY SUCH RULES AND REGULATIONS BY ALL SUCH BOARDING HOMES.
24 (B) THE DEPARTMENT OR ITS DULY AUTHORIZED REPRESENTATIVES
25 SHALL HAVE FREE AND FULL ACCESS TO THE GROUNDS, PREMISES AND
26 BUILDINGS AND TO THE RECORDS OF ANY BOARDING HOME LICENSED OR
27 FOR WHICH AN APPLICATION FOR A LICENSE HAS BEEN MADE UNDER THIS
28 ACT, AND FULL OPPORTUNITY TO QUESTION OR INTERVIEW ANY BOARDER
29 OR BOARDERS THEREOF TO INSURE THAT THE BOARDING HOME LICENSED
30 UNDER THIS ACT IS BEING OPERATED IN COMPLIANCE WITH ALL
19750H0538B3338 - 13 -
1 APPLICABLE RULES AND REGULATIONS. ALL PROPRIETORS AND OTHER
2 PERSONS CONNECTED WITH SUCH HOMES, SUCH AS OFFICERS OR PARTNERS
3 OF A COPARTNERSHIP, ASSOCIATION OR CORPORATION WHICH OPERATES
4 SUCH A BOARDING HOME, ARE HEREBY DIRECTED TO GIVE THE DEPARTMENT
5 OR ITS DULY AUTHORIZED REPRESENTATIVES SUCH MEANS, FACILITIES
6 AND OPPORTUNITY AS NECESSARY TO ENABLE THE DEPARTMENT TO CARRY
7 OUT SUCH VISITATION, EXAMINATION, INSPECTION AND INTERVIEWING AS
8 PROVIDED BY THIS ACT AND ANY RULES AND REGULATIONS ADOPTED BY
9 THE DEPARTMENT PURSUANT HERETO.
10 (C) ALL SUCH VISITATIONS, EXAMINATIONS, INSPECTIONS AND
11 INTERVIEWS SHALL BE CONDUCTED AT REASONABLE TIMES, UNLESS THE
12 DEPARTMENT HAS REASON TO BELIEVE THAT AN IMMEDIATE VISITATION,
13 EXAMINATION, INSPECTION OR INTERVIEW IS NECESSARY TO PREVENT OR
14 ALLEVIATE AN IMMINENT DANGER TO THE LIFE, HEALTH OR SAFETY OF A
15 BOARDER OR BOARDERS.
16 (D) THE DEPARTMENT OR ITS DULY AUTHORIZED REPRESENTATIVES,
17 UPON WRITTEN COMPLAINT OR UPON REASONABLE CAUSE TO SUSPECT THAT
18 A FACILITY IS BEING ILLEGALLY OPERATED AS A BOARDING HOME, SHALL
19 HAVE THE POWER WITH A SEARCH WARRANT TO ENTER AND INSPECT SAID
20 PREMISE IN THE SAME MANNER AS PRESCRIBED IN SUBSECTIONS (B) AND
21 (C).
22 SECTION 12. DUTY TO REPORT SUSPECTED VIOLATIONS.--(A) THE
23 FOLLOWING PERSONS AND OFFICIALS ARE REQUIRED TO REPORT TO THE
24 DEPARTMENT WHEN THEY HAVE REASONABLE CAUSE TO SUSPECT THAT A
25 BOARDING HOME IS BEING OPERATED IN VIOLATION OF THIS ACT: ALL
26 OFFICERS AND EMPLOYEES OF ANY CITY, COUNTY OR STATE AGENCY,
27 DEPARTMENT, COMMISSION OR INSTITUTION. SUCH PERSONS SHALL
28 INCLUDE, BUT NOT BE LIMITED TO, POLICE OFFICERS, FIRE DEPARTMENT
29 EMPLOYEES AND ADULT SERVICES WORKERS.
30 (B) ANY PERSON MAY MAKE SUCH A REPORT IF SUCH PERSON HAS
19750H0538B3338 - 14 -
1 REASONABLE CAUSE TO SUSPECT THAT A BOARDING HOME IS BEING
2 OPERATED IN VIOLATION OF THIS ACT.
3 SECTION 13. PENALTY FOR FAILURE TO REPORT.--ANY PERSON OR
4 OFFICIAL REQUIRED BY THIS ACT TO REPORT SUSPECTED VIOLATIONS AND
5 WHO WILLFULLY FAILS TO DO SO SHALL BE GUILTY OF A SUMMARY
6 OFFENSE.
7 SECTION 14. UNLAWFUL REFERRALS AND TRANSFERS.--IT SHALL BE
8 UNLAWFUL FOR ANY OFFICIAL OR EMPLOYEE, OF ANY STATE, STATE-AIDED
9 OR MUNICIPAL DEPARTMENT, AGENCY, COMMISSION, OR INSTITUTION OR
10 OF AN INSTITUTION DISTRICT TO REFER OR TRANSFER ANY INDIVIDUAL
11 TO A BOARDING HOME IF THE OFFICIAL OR EMPLOYEE KNOWS THAT SUCH
12 HOME IS NOT LICENSED AS REQUIRED BY THIS ACT.
13 SECTION 15. PENALTY FOR UNLAWFUL REFERRAL OR TRANSFER.--ANY
14 PERSON WHO MAKES A REFERRAL OR TRANSFERS AN INDIVIDUAL IN
15 VIOLATION OF THIS ACT SHALL BE GUILTY OF A SUMMARY OFFENSE.
16 SECTION 16. APPROPRIATION.--THE SUM OF $750,000 IS HEREBY
17 APPROPRIATED TO THE DEPARTMENT OF HEALTH FOR THE ESTABLISHMENT
18 OF ALL SERVICES AND RESPONSIBILITIES AS PRESCRIBED IN THIS ACT.
19 SECTION 17. CITY AND COUNTY HEALTH DEPARTMENTS.--IN AREAS
20 WHICH HAVE OR ESTABLISH A CITY OR COUNTY DEPARTMENT OF HEALTH,
21 SUCH CITY OR COUNTY DEPARTMENTS ARE HEREBY AUTHORIZED TO
22 CONTRACT WITH THE DEPARTMENT TO PERFORM THE SERVICES AND
23 FUNCTIONS PRESCRIBED BY THIS ACT; AND, UPON SO CONTRACTING, SUCH
24 CITY OR COUNTY DEPARTMENT SHALL RECEIVE FROM THE DEPARTMENT SUCH
25 FUNDS AS ARE NECESSARY TO CARRY OUT THE SERVICES AND FUNCTIONS
26 PRESCRIBED BY THIS ACT IN THE CITY OR COUNTY WHERE SITUATED. THE
27 CITY OR COUNTY SHALL MAINTAIN THE STANDARDS AND REGULATIONS
28 ADOPTED BY THE DEPARTMENT.
29 SECTION 18. REPEALS.--SECTIONS 921 AND 1001, ACT OF JUNE 13,
30 1967 (P.L.31, NO.21), KNOWN AS THE "PUBLIC WELFARE CODE," ARE
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1 REPEALED AS TO PERSONAL CARE HOMES FOR ADULTS AND BOARDING HOMES
2 FOR ADULTS WHICH PROVIDE PERSONAL CARE AND SERVICES.
3 SECTION 19. EFFECTIVE DATE.--THIS ACT SHALL TAKE EFFECT
4 JANUARY 1, 1977.
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