PRINTER'S NO. 1417
No. 1240 Session of 1999
INTRODUCED BY STURLA, THOMAS, MELIO, LAUGHLIN, BELFANTI, BEBKO-
JONES, M. COHEN, GRUCELA, PRESTON, JAMES, CURRY, RAMOS,
JOSEPHS AND HORSEY, APRIL 13, 1999
REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES,
APRIL 13, 1999
AN ACT
1 Providing for the establishment and administration of the Health
2 Care Facility Emergency Fund; imposing a penalty; and making
3 a repeal.
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 Health Care
8 Facility Emergency Fund Act.
9 Section 2. Declaration of policy.
10 It is the intention of the General Assembly to deter criminal
11 activity against health care facilities and to ensure that
12 health care services remain available across this Commonwealth
13 at a level equal to services that existed before the criminal
14 activity.
15 Section 3. Definitions.
16 The following words and phrases when used in this act shall
17 have the meanings given to them in this section unless the
1 context clearly indicates otherwise:
2 "Criminal activity." Any crime under 18 Pa.C.S. (relating to
3 crimes and offenses) which was perpetrated against any health
4 care facility, employee, administrator, owner, patient,
5 physician, nurse, aide, assistant or any other person related to
6 a health care facility as a result of that individual's
7 relationship with the facility.
8 "Department." The Department of Health of the Commonwealth.
9 "Fund." The Health Care Facility Emergency Fund established
10 in section 4.
11 "Health care facility." Any health care facility providing
12 clinically related health services, including, but not limited
13 to, a general or special hospital, including psychiatric
14 hospitals, rehabilitation hospitals, ambulatory surgical
15 facilities, long-term care nursing facilities, family planning
16 facilities, cancer treatment centers using radiation therapy on
17 an ambulatory basis and inpatient drug and alcohol treatment
18 facilities, both profit and nonprofit and including those
19 operated by an agency or State or local government. The term
20 shall not include an office used primarily for the private or
21 group practice by health care practitioners where no reviewable
22 clinically related health service is offered, a facility
23 providing treatment solely on the basis of prayer or spiritual
24 means in accordance with the tenets of any church or religious
25 denomination or a facility conducted by a religious organization
26 for the purpose of providing health care services exclusively to
27 clergy or other persons in a religious profession who are
28 members of the religious denominations conducting the facility.
29 "Temporary reestablishment." The restoration of services at
30 a level equal to services that existed before the criminal
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1 activity through the use of temporary means such as trailers,
2 rental space, temporary staff or other mechanisms which permit
3 the equal continuation of service only during the interim period
4 between the crime and the reestablishment of normal services.
5 This includes any additional cost in temporarily reestablishing
6 and temporarily maintaining the facility. This does not pertain
7 to the reestablishment or the rebuilding of the previous
8 structure which may be covered under insurance.
9 Section 4. Establishment and administration of fund.
10 (a) Establishment.--There is hereby established a fund in
11 the State Treasury known as the Health Care Facility Emergency
12 Fund.
13 (b) Deposits.--All receipts, fines, fees, interest, proceeds
14 or available moneys designated or eligible for the fund shall be
15 deposited into the fund's account. The moneys in the fund are
16 appropriated to the department for the purposes of this act.
17 (c) Administration.--If at any time the amount of money in
18 the fund exceeds the amount considered currently necessary to
19 meet its expenses and obligations, the department shall make the
20 excess moneys available to the State Treasurer who shall invest
21 the money in accordance with State law. The State Treasurer
22 shall make an annual report to the department as to the
23 following:
24 (1) The status of money invested under this subsection.
25 (2) The market value of the assets in the fund during
26 the report period.
27 (3) The interest received from investments of fund
28 moneys during the report period.
29 (d) Additional funds.--In the event that the fund does not
30 contain enough money to ensure that services continue as
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1 prescribed in this act, the State Treasurer is authorized and
2 directed to transfer from the General Fund to the fund such
3 amounts as directed by the Governor, but in no case less than
4 necessary to meet promptly the obligations to be paid from the
5 fund. Any sums so transferred shall be available only for the
6 purposes of this act. The transfers shall be made upon warrant
7 of the State Treasurer upon requisition of the Governor. Any
8 money received from the General Fund under this subsection shall
9 be repaid from moneys earned or collected under this act.
10 (e) Limitation.--This fund shall not be used for any purpose
11 other than as provided for in this act.
12 (f) Time consideration.--The State Treasurer shall make
13 every effort to disburse fund moneys to health care facility
14 owners in a timely manner.
15 Section 5. Disbursements.
16 The department shall within five days of a completed
17 application authorize disbursements of funds based upon the
18 following:
19 (1) A completed application which contains an amount
20 request.
21 (2) A professional estimate of the cost of temporary
22 reestablishment and the cost of maintenance of that temporary
23 reestablishment only.
24 (3) Documentation of criminal activity.
25 (4) Documentation of inability to continue regular and
26 equal service.
27 (5) The signature of the owner or administrator which
28 states that he understands the conditions of the grant.
29 Section 6. Responsibility of department.
30 The department shall be responsible for the following:
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1 (1) Providing a simple application.
2 (2) Receiving and ensuring completeness and accuracy of
3 application.
4 (3) Authorizing timely disbursement of funds.
5 (4) Maintaining records of applications and
6 authorizations.
7 (5) Promulgating regulations in accordance with this
8 act.
9 Section 7. Eligibility.
10 Any health care facility which is unable to continue to
11 provide its services at a level equal to the level prior to the
12 crime as a result of that criminal activity is eligible.
13 Section 8. Terms and conditions.
14 (a) General rule.--A health care facility shall be eligible
15 to receive fund moneys to ensure that equal health care services
16 continue to be offered during the interim period between the
17 crime and the reestablishment of normal services. Funding shall
18 not exceed a period of six months. The fund shall only augment
19 normal expenditures and shall only cover the additional costs of
20 temporarily reestablishing and maintaining services during the
21 interim period. The purpose of the fund is not to replace the
22 securing of insurance on the facility.
23 (b) Duty of owner.--The owner or administrator of the health
24 care facility shall:
25 (1) Provide the department with a fund request which
26 includes supporting documentation from either an insurance
27 company or law enforcement officer which supports the claim
28 of being unable as a result of criminal activity to continue
29 service at a level equal to that which existed prior to the
30 criminal activity.
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1 (2) Take responsibility for ensuring that the funds are
2 used in accordance with this act and any departmental
3 regulation promulgated as a result of this act.
4 Section 9. Penalty.
5 (a) General rule.--A person who intentionally or knowingly
6 obtains fund moneys and makes an unauthorized use of the moneys
7 contrary to this act commits a misdemeanor of the first degree
8 and shall, upon conviction, be sentenced to repay the amount
9 received from the fund and any incurred interest at a rate of 8%
10 and be sentenced to pay a fine of not more than $10,000 or to
11 imprisonment for not more than five years, or both.
12 (b) Exception.--A person who obtains and uses moneys in good
13 faith but contrary to the provisions of this act shall repay the
14 amount received from the fund within 60 days of the request for
15 repayment. After the 60-day grace period interest shall be
16 charged.
17 Section 10. Funding.
18 Any fine collected or bail deposit forfeited from a person
19 convicted of criminal activity against a health care facility or
20 against any person affiliated with a health care facility as a
21 result of that affiliation shall be deposited into the fund.
22 Section 11. Repeal.
23 The provisions of 18 Pa.C.S. § 3215 are repealed insofar as
24 they are inconsistent with this act.
25 Section 12. Effective date.
26 This act shall take effect in 90 days.
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