PRINTER'S NO. 1157
No. 1040 Session of 1979
INTRODUCED BY REED, DiCARLO, MANMILLER, CIMINI, KUKOVICH AND
BROWN, APRIL 24, 1979
REFERRED TO COMMITTEE ON HEALTH AND WELFARE, APRIL 24, 1979
AN ACT
1 Regulating home health agencies; providing for their licensure
2 and for the powers and duties of the Department of Health;
3 and providing penalties.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Short title.
7 This act shall be known and may be cited as the "Home Health
8 Agency Act."
9 Section 2. Declaration of purpose.
10 (a) It is the declared purpose of this act to provide the
11 elderly and disabled with alternatives to institutionalized
12 treatment for their health and social needs. Existing hospital
13 and nursing home health care structures and funding incentives
14 concentrate primarily upon institutionalization. Many of the
15 elderly and disabled could be cared for in their own homes,
16 rather than the more costly care of an institution.
17 (b) Home health agencies can provide less costly homemaker,
18 physical therapy, and health support services through
1 professionally-trained staff. By emphasizing home health care,
2 necessary bedspace in present facilities can be more adequately
3 utilized to assist those in need of specialized services who
4 cannot function in a home setting.
5 (c) It shall be the policy of the Commonwealth to:
6 (1) Encourage development of home health services for
7 the elderly and disabled.
8 (2) Modify existing policies which now provide few
9 alternatives to institutionalization when more effective care
10 could be provided at home by trained health care personnel.
11 (3) Prescribe regulations for home health service
12 agencies to insure quality operation.
13 Section 3. Definitions.
14 The following words and phrases when used in this act shall
15 have, unless the context clearly indicates otherwise, the
16 meanings given to them in this section:
17 "Department." The Department of Health of the Commonwealth
18 of Pennsylvania.
19 "Home health agency." Any public or private, profit or
20 nonprofit entity which offers directly or through contractual
21 arrangements medical and nonmedical home health services.
22 "Home health services." Items and services furnished to an
23 individual by a home health agency, or by others through
24 contractual arrangement with the agency, in a place of temporary
25 or permanent residence used as the individual's home, including,
26 but not limited to, the following services:
27 (1) Nursing care by or under the supervision of a
28 registered professional nurse (R.N.).
29 (2) Physical, occupational, or speech therapy or other
30 therapeutic services.
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1 (3) Medical social services.
2 (4) Homemaker-home health aide services.
3 (5) Medical supplies and medical appliances.
4 (6) Drugs and medications prescribed by a physician, and
5 laboratory services by or on behalf of a hospital to the
6 extent such items would have been covered under the contract
7 if the covered person had remained in the hospital.
8 (7) Any of the foregoing items and services which are
9 provided on an outpatient basis under arrangements made by
10 the home health agency at a hospital or extended care
11 facility or rehabilitation center and the furnishing of which
12 involves the use of equipment of such a nature that the items
13 and services cannot readily be made available to the
14 individual in his home, or which are furnished in such a
15 facility while he is there to receive any such item or
16 service.
17 Section 4. Home health agencies authorized.
18 An agency qualified under the provisions of this act, upon
19 obtaining a license, may operate a home health agency.
20 Section 5. Application for license.
21 Before an entity may operate a home health agency, it shall
22 obtain a license from the department. Each application shall be
23 on forms prescribed by the department.
24 Section 6. Issuance of license.
25 The department shall issue a license within 60 days of the
26 filing of the application to an entity in conformity with this
27 act upon payment of the prescribed fees and upon being satisfied
28 as to:
29 (1) the character, competence, and standing in the
30 community of the proposed agency;
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1 (2) the financial resources of the proposed agency and
2 its sources of future revenues; and
3 (3) such other matters that are necessary for a proper
4 evaluation of the application for license and protection of
5 the patient.
6 Section 7. Provisional license.
7 The department may issue provisional licenses to applicants
8 for a license or to licensees who are unable to conform to all
9 of the standards of the department as provided in this act. The
10 provisional license shall not be issued for more than six months
11 and may be renewed only once.
12 Section 8. Denial or revocation of license.
13 The department may revoke, refuse to renew or refuse to issue
14 a license if the applicant, licensee, or holder of a provisional
15 license:
16 (1) violates any of the provisions of the license
17 issued;
18 (2) furnishes or makes a misleading or false statement
19 or report to the department;
20 (3) refuses to submit or make available a record
21 required in making an investigation for licensing purposes;
22 or
23 (4) fails to maintain minimum standards or adequate
24 provision for the satisfactory care of clients.
25 Section 9. Renewal of license.
26 (a) A license shall be valid for a period of two years from
27 the date of issuance. A home health agency shall apply for the
28 renewal of its license on or before the anniversary date of the
29 original license in such manner as is prescribed by the
30 department.
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1 (b) The department shall reexamine every home health agency
2 seeking a renewal of its license. If the department is satisfied
3 that the agency continues to maintain standards which the
4 department has prescribed and published, it shall renew the
5 license.
6 Section 10. License nontransferable.
7 A license shall be issued to the home health agency named in
8 the application and shall not be transferable or assignable. If
9 an application for renewal is not filed within the prescribed
10 time, the license is automatically cancelled. A license granted
11 shall state such additional information and special limitations
12 as the department may, by rule issued pursuant to this act,
13 prescribe.
14 Section 11. Notice, hearing and review.
15 (a) Whenever the department has reasonable cause to believe
16 that grounds for the denial or revocation of a license exist, it
17 shall notify the home health agency in writing stating the
18 grounds upon which the department believes the license should be
19 denied or revoked. The applicant may, within 15 days from the
20 receipt of such notice, request a hearing.
21 (b) A license may be temporarily suspended or limited
22 without a hearing for a period of not more than 30 days upon
23 written notice to the home health agency after a finding by the
24 department that the public health or safety is in imminent
25 danger.
26 Section 12. Investigations.
27 The department may make such investigations and inspections
28 of home health agencies as are deemed necessary: Provided, That
29 such investigations do not unreasonably interfere with the
30 ordinary course of activities of the agency.
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1 Section 13. Fees.
2 An application for a license under this act, except
3 applications by political subdivisions, shall be accompanied by
4 a fee of $150. Whenever a license is denied, no part of the fee
5 shall be returned.
6 Section 14. Authority to contract for services.
7 The department may enter into agreements with or contracts
8 for the services of licensed home health agencies in order to
9 provide home health services to clients of the Commonwealth.
10 Section 15. Program assistance.
11 The department shall, wherever possible, assist and advise
12 home health agencies in the development of home health service
13 programs and it may enter into agreements with home health
14 agencies specifying the type of assistance and advice it will
15 provide them.
16 Section 16. Authority to receive funds; disbursement.
17 The department may receive moneys from any source to advise
18 and assist home health agencies in the development of home
19 health services.
20 Section 17. Confidentiality of records; unauthorized
21 disclosures unlawful.
22 Clinical records, medical reports and laboratory statements
23 or reports maintained as a result of services authorized under
24 the provisions of this act and the information contained therein
25 shall be confidential and shall not be open to inspection by any
26 person other than the attending physicians and surgeons, persons
27 authorized by them, the home health agency involved, and the
28 department. Appropriate disclosure may be made for purposes of
29 research relating to home health care: Provided, That
30 application is made by a researcher or research agency of
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1 professional repute, and the need for the records and the
2 significance of the research for which they are used have been
3 demonstrated to the satisfaction of the department. Although
4 records may be disclosed for research under these conditions,
5 patients or clients names and other identifying information
6 shall not be disclosed by the researcher or research agency.
7 Section 18. Promulgation of rules and regulations.
8 The department shall promulgate rules and regulations to
9 carry out the provisions of this act.
10 Section 19. Remedies.
11 Notwithstanding the existence or pursuit of any other remedy,
12 the department may maintain an action in the name of the
13 Commonwealth for injunctive or other relief against any person
14 or entity owning or controlling a home health agency which is
15 not licensed by the department.
16 Section 20. Penalty.
17 A person who violates the provisions of this act is guilty of
18 a misdemeanor of the third degree.
19 Section 21. Effective date.
20 This act shall take effect December 31, 1979.
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