PRIOR PRINTER'S NO. 940 PRINTER'S NO. 1783
No. 846 Session of 2001
INTRODUCED BY MACKERETH, VANCE, E. Z. TAYLOR, O'BRIEN, THOMAS,
ARMSTRONG, BELFANTI, BROWNE, BUNT, L. I. COHEN, M. COHEN,
CORNELL, CORRIGAN, CURRY, CAPPELLI, FICHTER, FRANKEL, GEIST,
GEORGE, HARHAI, HENNESSEY, HERMAN, HORSEY, JOSEPHS, LaGROTTA,
LAUGHLIN, LEDERER, MAITLAND, J. EVANS, McGILL, MELIO,
R. MILLER, NAILOR, ORIE, PETRONE, PISTELLA, READSHAW, SATHER,
SAYLOR, B. SMITH, SOLOBAY, TIGUE, WALKO, WASHINGTON, WILT,
WOJNAROSKI, YOUNGBLOOD, PICKETT AND BENNINGHOFF,
MARCH 6, 2001
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
MAY 1, 2001
AN ACT
1 Providing for certain immunizations in long-term care <--
2 facilities.
3 PROVIDING FOR CERTAIN IMMUNIZATIONS IN LONG-TERM CARE <--
4 FACILITIES; REQUIRING NURSING HOMES TO SUBMIT INFORMATION
5 ANNUALLY TO THE DEPARTMENT OF HEALTH; REQUIRING THE
6 DEPARTMENT OF HEALTH TO PLACE CERTAIN INFORMATION ON THE
7 INTERNET; AND PROVIDING FOR CERTAIN DUTIES OF THE DEPARTMENT
8 OF HEALTH AND THE DEPARTMENT OF AGING.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Short title. <--
12 This act shall be known and may be cited as the Long-Term
13 Care Resident and Employee Immunization Act.
14 Section 2. Definitions.
15 The following words and phrases when used in this act shall
16 have the meanings given to them in this section unless the
17 context clearly indicates otherwise:
1 "Department." The Department of Health of the Commonwealth.
2 "Employee." An individual employed, whether directly, by
3 contract with another entity or as an independent contractor, by
4 a long-term care nursing facility on a part-time or full-time
5 basis.
6 "Long-term care facility" or "facility." A long-term care
7 nursing facility as defined in section 802.1 of the act of July
8 19, 1979 (P.L.130, No.48), known as the Health Care Facilities
9 Act.
10 Section 3. Long-term care resident and employee immunization.
11 Except as provided in section 6, every facility in this
12 Commonwealth shall request that residents and employees be
13 immunized for influenza virus and pneumococcal disease in
14 accordance with this act.
15 Section 4. Resident immunization.
16 (a) Notice to resident.--Upon admission, the facility shall
17 notify the resident and legal guardian of the immunization
18 recommendations of this act and request that the resident agree
19 to be immunized against influenza virus and pneumococcal
20 disease.
21 (b) Records and immunizations.--Every facility shall
22 document the annual immunization against influenza virus and
23 immunization against pneumococcal disease for each resident,
24 which includes written evidence from a health care provider
25 indicating the date and the location in which and the person by
26 whom the vaccine was administered. Upon finding that a resident
27 is lacking such immunization or the facility or individual is
28 unable to provide documentation that the individual has received
29 the appropriate immunization, the facility shall make available
30 the immunization. Immunization and the documentation thereof
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1 shall take place no later than November 30 of each year.
2 (c) Other immunizations.--An individual who becomes a
3 resident after November 30 but prior to April 1 shall have his
4 status for influenza and pneumococcal immunization determined by
5 the facility, and, if found to be deficient, the facility shall
6 make available the necessary immunizations.
7 Section 5. Employee immunization.
8 (a) Notice to employees.--Every facility shall notify every
9 employee of the immunization recommendations of this act and
10 request that the employee agree to be immunized against
11 influenza virus.
12 (b) Records and immunizations.--The facility shall require
13 documentation of annual immunization against influenza virus for
14 employees who receive the immunizations, which includes written
15 evidence from a health care provider indicating the date,
16 location and by whom the vaccine was administered. Upon finding
17 that an employee is lacking such immunization or the facility or
18 individual is unable to provide documentation that the
19 individual has received the appropriate immunization, the
20 facility shall make available the immunization. Immunization and
21 the documentation thereof shall take place no later than
22 November 30 of each year.
23 (c) Other immunizations.--An individual who is newly
24 employed as an employee after November 30 and prior to April 1
25 shall have his status for influenza determined by the facility,
26 and, if found to be deficient, the facility shall make available
27 the necessary immunization.
28 (d) Immunization authorized.--Nothing in this section shall
29 prohibit the immunization against pneumococcal disease to
30 employees.
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1 Section 6. Exceptions.
2 No resident or employee shall be requested to receive either
3 the influenza or pneumococcal vaccine if any of the following
4 apply:
5 (1) the vaccine is contraindicated;
6 (2) it is against his religious beliefs; or
7 (3) the employee, resident or resident's legal guardian
8 refuses the vaccine after being fully informed of the health
9 risks of such action.
10 Section 7. Regulations.
11 (a) Promulgation by department.--The department shall
12 promulgate regulations relating to the immunization
13 recommendations of this act, taking into consideration the
14 recommendations of the Advisory Committee on Immunization
15 Practices (ACIP) of the Centers for Disease Control and
16 Prevention.
17 (b) Educational materials.--The department, in conjunction
18 with the Department of Aging, shall make available educational
19 and informational materials to all facilities with respect to
20 vaccination against influenza virus and pneumococcal disease.
21 (c) Report to General Assembly.--Three years from the
22 effective date of this act, and each three-year period
23 thereafter, the department shall report to the General Assembly
24 on the number of outbreaks in facilities each year due to
25 influenza virus and pneumococcal disease. The number of
26 hospitalizations of facility residents each year due to
27 influenza virus, pneumococcal disease and complications thereof
28 must be reported as well.
29 Section 20. Effective date.
30 This act shall take effect in 90 days.
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1 CHAPTER 1 <--
2 PRELIMINARY PROVISIONS
3 SECTION 101. SHORT TITLE.
4 THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE LONG-TERM
5 CARE RESIDENT AND EMPLOYEE IMMUNIZATION AND NURSING HOME
6 CONSUMER INTERNET INFORMATION ACCESS ACT.
7 SECTION 102. DEFINITIONS.
8 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL
9 HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
10 CONTEXT CLEARLY INDICATES OTHERWISE:
11 "CONSUMER INFORMATION INTERNET GUIDE." THE NURSING HOME
12 CONSUMER INFORMATION INTERNET GUIDE REQUIRED TO BE PUBLISHED
13 UNDER THE PROVISIONS OF CHAPTER 5.
14 "DEPARTMENT." THE DEPARTMENT OF HEALTH OF THE COMMONWEALTH.
15 "ELDERLY PERSONS." THOSE PERSONS RESIDING WITHIN THIS
16 COMMONWEALTH WHO ARE 60 YEARS OF AGE OR OLDER.
17 "EMPLOYEE." AN INDIVIDUAL EMPLOYED, WHETHER DIRECTLY, BY
18 CONTRACT WITH ANOTHER ENTITY OR AS AN INDEPENDENT CONTRACTOR, BY
19 A LONG-TERM CARE NURSING FACILITY ON A PART-TIME OR FULL-TIME
20 BASIS.
21 "LONG-TERM CARE FACILITY" OR "FACILITY." A LONG-TERM CARE
22 NURSING FACILITY AS DEFINED IN SECTION 802.1 OF THE ACT OF JULY
23 19, 1979 (P.L.130, NO.48), KNOWN AS THE HEALTH CARE FACILITIES
24 ACT.
25 "NURSING HOME." A FACILITY THAT PROVIDES EITHER SKILLED OR
26 INTERMEDIATE NURSING CARE OR BOTH LEVELS OF SUCH CARE TO TWO OR
27 MORE ELDERLY PERSONS, WHO ARE UNRELATED TO THE LICENSEE, FOR A
28 PERIOD EXCEEDING 24 HOURS. INTERMEDIATE CARE FACILITIES
29 EXCLUSIVELY FOR THE MENTALLY RETARDED, COMMONLY CALLED ICF/MR,
30 SHALL NOT BE CONSIDERED NURSING HOMES FOR THE PURPOSE OF CHAPTER
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1 5.
2 CHAPTER 3
3 IMMUNIZATIONS IN LONG-TERM CARE FACILITIES
4 SECTION 301. LONG-TERM CARE RESIDENT AND EMPLOYEE IMMUNIZATION.
5 EXCEPT AS PROVIDED IN SECTION 304, EVERY FACILITY IN THIS
6 COMMONWEALTH SHALL REQUEST THAT RESIDENTS AND EMPLOYEES BE
7 IMMUNIZED FOR INFLUENZA VIRUS AND PNEUMOCOCCAL DISEASE IN
8 ACCORDANCE WITH THIS ACT.
9 SECTION 302. RESIDENT IMMUNIZATION.
10 (A) NOTICE TO RESIDENT.--UPON ADMISSION, THE FACILITY SHALL
11 NOTIFY THE RESIDENT AND LEGAL GUARDIAN OF THE IMMUNIZATION
12 REQUIREMENTS OF THIS ACT AND REQUEST THAT THE RESIDENT AGREE TO
13 BE IMMUNIZED AGAINST INFLUENZA VIRUS AND PNEUMOCOCCAL DISEASE.
14 (B) RECORDS AND IMMUNIZATIONS.--EVERY FACILITY SHALL
15 DOCUMENT THE ANNUAL IMMUNIZATION AGAINST INFLUENZA VIRUS AND
16 IMMUNIZATION AGAINST PNEUMOCOCCAL DISEASE FOR EACH RESIDENT,
17 WHICH INCLUDES WRITTEN EVIDENCE FROM A HEALTH CARE PROVIDER
18 INDICATING THE DATE THE VACCINE WAS ADMINISTERED. UPON FINDING
19 THAT A RESIDENT IS LACKING SUCH IMMUNIZATION OR THE FACILITY OR
20 INDIVIDUAL IS UNABLE TO PROVIDE DOCUMENTATION THAT THE
21 INDIVIDUAL HAS RECEIVED THE APPROPRIATE IMMUNIZATION, THE
22 FACILITY SHALL MAKE AVAILABLE THE IMMUNIZATION. IMMUNIZATION AND
23 THE DOCUMENTATION THEREOF SHALL TAKE PLACE NO LATER THAN
24 NOVEMBER 30 OF EACH YEAR.
25 (C) OTHER IMMUNIZATIONS.--AN INDIVIDUAL WHO BECOMES A
26 RESIDENT AFTER NOVEMBER 30 BUT PRIOR TO APRIL 1 SHALL HAVE HIS
27 STATUS FOR INFLUENZA AND PNEUMOCOCCAL IMMUNIZATION DETERMINED BY
28 THE FACILITY, AND, IF FOUND TO BE DEFICIENT, THE FACILITY SHALL
29 MAKE AVAILABLE THE NECESSARY IMMUNIZATIONS.
30 SECTION 303. EMPLOYEE IMMUNIZATION.
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1 (A) NOTICE TO EMPLOYEES.--EVERY FACILITY SHALL NOTIFY EVERY
2 EMPLOYEE OF THE IMMUNIZATION REQUIREMENTS OF THIS ACT AND
3 REQUEST THAT THE EMPLOYEE AGREE TO BE IMMUNIZED AGAINST
4 INFLUENZA VIRUS.
5 (B) RECORDS AND IMMUNIZATIONS.--THE FACILITY SHALL REQUIRE
6 DOCUMENTATION OF ANNUAL IMMUNIZATION AGAINST INFLUENZA VIRUS FOR
7 EACH EMPLOYEE, WHICH INCLUDES WRITTEN EVIDENCE FROM A HEALTH
8 CARE PROVIDER INDICATING THE DATE AND LOCATION THE VACCINE WAS
9 ADMINISTERED. UPON FINDING THAT AN EMPLOYEE IS LACKING SUCH
10 IMMUNIZATION OR THE FACILITY OR INDIVIDUAL IS UNABLE TO PROVIDE
11 DOCUMENTATION THAT THE INDIVIDUAL HAS RECEIVED THE APPROPRIATE
12 IMMUNIZATION, THE FACILITY SHALL MAKE AVAILABLE THE
13 IMMUNIZATION. IMMUNIZATION AND THE DOCUMENTATION THEREOF SHALL
14 TAKE PLACE NO LATER THAN NOVEMBER 30 OF EACH YEAR.
15 (C) OTHER IMMUNIZATIONS.--AN INDIVIDUAL WHO IS NEWLY
16 EMPLOYED AS AN EMPLOYEE AFTER NOVEMBER 30 AND PRIOR TO APRIL 1
17 SHALL HAVE HIS STATUS FOR INFLUENZA DETERMINED BY THE FACILITY,
18 AND, IF FOUND TO BE DEFICIENT, THE FACILITY SHALL MAKE AVAILABLE
19 THE NECESSARY IMMUNIZATION.
20 (D) IMMUNIZATION AUTHORIZED.--NOTHING IN THIS SECTION SHALL
21 PROHIBIT THE IMMUNIZATION AGAINST PNEUMOCOCCAL DISEASE TO
22 EMPLOYEES.
23 SECTION 304. EXCEPTIONS.
24 NO RESIDENT OR EMPLOYEE SHALL BE REQUIRED TO RECEIVE EITHER
25 THE INFLUENZA OR PNEUMOCOCCAL VACCINE IF ANY OF THE FOLLOWING
26 APPLY:
27 (1) THE VACCINE IS CONTRAINDICATED;
28 (2) IT IS AGAINST HIS RELIGIOUS BELIEFS; OR
29 (3) THE EMPLOYEE, RESIDENT OR RESIDENT'S LEGAL GUARDIAN
30 REFUSES THE VACCINE AFTER BEING FULLY INFORMED OF THE HEALTH
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1 RISKS OF SUCH ACTION.
2 SECTION 305. REGULATIONS.
3 (A) PROMULGATION BY DEPARTMENT.--THE DEPARTMENT SHALL
4 PROMULGATE REGULATIONS RELATING TO THE IMMUNIZATION REQUIREMENTS
5 OF THIS CHAPTER, TAKING INTO CONSIDERATION THE RECOMMENDATIONS
6 OF THE ADVISORY COMMITTEE ON IMMUNIZATION PRACTICES (ACIP) OF
7 THE CENTERS FOR DISEASE CONTROL AND PREVENTION.
8 (B) EDUCATIONAL MATERIALS.--THE DEPARTMENT, IN CONJUNCTION
9 WITH THE DEPARTMENT OF AGING, SHALL MAKE AVAILABLE EDUCATIONAL
10 AND INFORMATIONAL MATERIALS TO ALL FACILITIES WITH RESPECT TO
11 VACCINATION AGAINST INFLUENZA VIRUS AND PNEUMOCOCCAL DISEASE.
12 (C) REPORT TO GENERAL ASSEMBLY.--THREE YEARS FROM THE
13 EFFECTIVE DATE OF THIS CHAPTER, AND EACH THREE-YEAR PERIOD
14 THEREAFTER, THE DEPARTMENT SHALL REPORT TO THE GENERAL ASSEMBLY
15 ON THE NUMBER OF OUTBREAKS IN FACILITIES EACH YEAR DUE TO
16 INFLUENZA VIRUS AND PNEUMOCOCCAL DISEASE. THE NUMBER OF
17 HOSPITALIZATIONS OF FACILITY RESIDENTS EACH YEAR DUE TO
18 INFLUENZA VIRUS, PNEUMOCOCCAL DISEASE AND COMPLICATIONS THEREOF
19 MUST BE REPORTED AS WELL.
20 CHAPTER 5
21 NURSING HOME CONSUMER INTERNET INFORMATION
22 ACCESS
23 SECTION 501. NURSING HOME CONSUMER INFORMATION REPORT.
24 IN ADDITION TO THE INFORMATION REQUIRED BY THE DEPARTMENT OF
25 HEALTH ON A FORM PROVIDED BY THE DEPARTMENT OF HEALTH PURSUANT
26 TO THE PROVISIONS OF THE ACT OF JULY 19, 1979 (P.L.130, NO.48),
27 KNOWN AS THE HEALTH CARE FACILITIES ACT, AND REGULATIONS
28 PROMULGATED PURSUANT THERETO, EACH NURSING HOME SHALL PROVIDE TO
29 THE DEPARTMENT OF HEALTH NO LATER THAN 90 DAYS AFTER THE CLOSE
30 OF EACH CALENDAR YEAR THE FOLLOWING INFORMATION ON THE ABOVE-
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1 REFERENCED FORM:
2 (1) NURSING HOURS WORKED PER PATIENT PER DAY AND NURSING
3 HOURS REQUIRED BY THE DEPARTMENT OF HEALTH PER PATIENT PER
4 DAY. ACTUAL HOURS WORKED PER PATIENT PER DAY ARE FOR THE MOST
5 RECENTLY CONCLUDED FISCAL OR CALENDAR YEAR.
6 (2) AVERAGE LENGTH OF SERVICE OF PROFESSIONAL NURSING
7 STAFF AND THE AVERAGE LENGTH OF SERVICE OF NURSE AIDE
8 PERSONNEL AT THE NURSING HOME COMPLETING THE FORM.
9 (3) AVERAGE LENGTH OF LICENSURE AND/OR CERTIFICATION OF
10 PROFESSIONAL NURSING STAFF AND THE AVERAGE LENGTH OF
11 LICENSURE AND/OR CERTIFICATION OF NURSE AIDE PERSONNEL.
12 (4) NURSING HOURS PER PATIENT PER DAY OF TEMPORARY
13 AGENCY PROFESSIONAL NURSING STAFF AND NURSE AIDE PERSONNEL.
14 (5) WHETHER A RESIDENT COUNCIL EXISTS AND MEETS ON A
15 REGULAR BASIS.
16 SECTION 502. NURSING HOME CONSUMER INFORMATION.
17 (A) GUIDE.--
18 (1) THE DEPARTMENT OF AGING SHALL PRODUCE, IN A TIMELY
19 MANNER, A NURSING HOME INFORMATION SITE ON THE INTERNET. IT
20 SHALL INCLUDE:
21 (I) THE ITEMS LISTED IN SECTION 501.
22 (II) INFORMATION OBTAINED FROM THE ANNUAL LONG-TERM
23 CARE FACILITIES QUESTIONNAIRES SUBMITTED TO THE
24 DEPARTMENT OF HEALTH.
25 (III) INFORMATION OBTAINED FROM THE HEALTH CARE
26 FINANCING ADMINISTRATION OWNERSHIP DISCLOSURE FORM.
27 (IV) A COMPARATIVE LIST OF NURSING HOMES DEVELOPED
28 IN THE MANNER PROVIDED IN SUBSECTION (B).
29 (V) THE NURSING HOME CONSUMER INQUIRY TELEPHONE
30 HOTLINE TELEPHONE NUMBER REQUIRED UNDER SUBSECTION (C).
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1 (2) IF ERRORS ARE FOUND IN THE CONSUMER INFORMATION
2 INTERNET GUIDE, ALL FACILITIES SHALL BE SENT A CORRECTION
3 SHEET WITHIN 30 DAYS OF THE DEPARTMENT OF AGING'S RECEIPT OF
4 NOTIFICATION OF THE ERROR. FOR THE PURPOSES OF THIS SECTION,
5 AN ERROR SHALL BE DEFINED AS INFORMATION INCORRECTLY
6 TRANSCRIBED FROM THE FORMS PROVIDED TO THE DEPARTMENT OF
7 HEALTH TO THE CONSUMER GUIDE.
8 (3) THE DEPARTMENT OF AGING WILL SEND FINAL PROOFS TO
9 THE NURSING HOME OF ITS DATA PROFILE THAT WILL BE PUBLISHED
10 IN THE CONSUMER GUIDE PRIOR TO PUBLICATION. THE NURSING HOME
11 WILL HAVE FIVE DAYS TO NOTIFY THE DEPARTMENT OF AGING OF ANY
12 ERRORS TO BE CORRECTED. IF THE DEPARTMENT OF AGING RECEIVES
13 NO NOTIFICATION OF ERRORS, THE DATA PROFILE WILL BE
14 CONSIDERED ACCURATE AND WILL BE PUBLISHED.
15 (B) COMPARATIVE LIST.--THE COMPARATIVE LIST OF NURSING HOMES
16 SHALL BE DEVELOPED AND INCLUDED IN THE CONSUMER INFORMATION
17 INTERNET GUIDE BY THE DEPARTMENT OF AGING. IT SHALL INCLUDE THE
18 FOLLOWING INFORMATION:
19 (1) NAME OF FACILITY.
20 (2) FACILITY ADDRESS AND TELEPHONE NUMBER.
21 (3) BED CAPACITY.
22 (4) OWNER OF FACILITY AND MANAGING COMPANY, IF
23 APPLICABLE.
24 (5) TYPE OF SPONSORSHIP, INCLUDING, BUT NOT LIMITED TO,
25 GOVERNMENTAL, NONPROFIT AND FOR-PROFIT OR RELIGIOUS
26 AFFILIATION, IF APPLICABLE.
27 (6) PAYMENT SOURCES ACCEPTED, INCLUDING, BUT NOT LIMITED
28 TO, MEDICARE, MEDICAID, VETERANS' ADMINISTRATION, LONG-TERM
29 CARE INSURANCE AND PRIVATE PAY.
30 (7) CURRENT LICENSE, DEFICIENCY AND CERTIFICATION STATUS
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1 AS DETERMINED BY THE DEPARTMENT OF HEALTH; WHETHER, WITHIN
2 THE PREVIOUS FIVE YEARS, THE FACILITY HAS BEEN SUBJECT TO A
3 PROVISIONAL LICENSE, A BAN ON ADMISSIONS, PENALTIES IMPOSED
4 IN CONNECTION WITH THE LICENSURE OR CERTIFICATION PROCESS, A
5 LICENSE REVOCATION OR APPOINTMENT OF A TEMPORARY MANAGER TO
6 OPERATE THE FACILITY OR MEDICARE OR MEDICAID DECERTIFICATION
7 AND THE CORRESPONDING DATES.
8 (8) NURSING HOURS PER PATIENT PER DAY AND NURSING HOURS
9 REQUIRED BY THE DEPARTMENT OF HEALTH PER PATIENT PER DAY.
10 ACTUAL HOURS WORKED PER PATIENT PER DAY ARE FOR THE MOST
11 RECENTLY CONCLUDED FISCAL OR CALENDAR YEAR.
12 (9) AVERAGE LENGTH OF SERVICE AT THE NURSING HOME OF
13 PROFESSIONAL NURSING STAFF AND THE AVERAGE LENGTH OF SERVICE
14 OF NURSE AIDE STAFF.
15 (10) AVERAGE LENGTH OF LICENSURE AND/OR CERTIFICATION OF
16 PROFESSIONAL NURSING STAFF AND THE AVERAGE LENGTH OF
17 LICENSURE AND/OR CERTIFICATION OF NURSE AIDE PERSONNEL.
18 (11) NURSING HOURS PER PATIENT PER DAY OF TEMPORARY
19 AGENCY PROFESSIONAL NURSING STAFF AND NURSE AIDE PERSONNEL.
20 (12) A LISTING OF EXISTENCE AND AVAILABILITY OF SPECIFIC
21 THERAPY SERVICES, INCLUDING, BUT NOT LIMITED TO, PHYSICAL
22 THERAPY, OCCUPATIONAL THERAPY, SPEECH THERAPY AND RESPIRATORY
23 THERAPY.
24 (13) WHETHER A RESIDENT COUNCIL EXISTS AND MEETS ON A
25 REGULAR BASIS.
26 (14) NAME AND TELEPHONE NUMBER OF A LOCAL OMBUDSMAN.
27 (15) COSTS PER DAY, MONTH AND YEAR.
28 (16) VISITING HOURS.
29 (17) IF THERE ARE TELEPHONES AVAILABLE FOR PRIVATE
30 CONVERSATIONS.
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1 (18) IF THERE IS A REGISTERED DIETITIAN.
2 (19) IF THERE IS A WRITTEN EMERGENCY EVACUATION PLAN.
3 (20) THE NEAREST HOSPITAL AND THE DISTANCE IN MILES FROM
4 THE NURSING HOME.
5 (21) IF THERE ARE ISOLATION ROOMS FOR PATIENTS WITH
6 CONTAGIOUS ILLNESSES.
7 (22) IF THERE IS AN ALZHEIMER/PARKINSON DISEASE PROGRAM.
8 (23) WHETHER THERE ARE QUALIFIED PHYSICAL THERAPISTS
9 ONSITE.
10 (24) WHETHER THERE IS A WRITTEN DESCRIPTION OF PATIENTS
11 RIGHTS AND RESPONSIBILITIES.
12 (25) WHETHER THERE ARE WRITTEN POLICIES ON "DO NOT
13 RESUSCITATE ORDERS," PHYSICAL RESTRAINTS AND CHEMICAL
14 SEDATION.
15 (26) WHAT MEDICAL SERVICES ARE AVAILABLE ONSITE,
16 INCLUDING DENTISTS, PODIATRISTS, PHARMACISTS,
17 OPHTHALMOLOGISTS.
18 (27) THE CURRENT RESIDENT PROFILE, INCLUDING AVERAGE
19 AGE, RACE AND SEX.
20 (28) INFORMATION ON HOW TO CONTACT THE LOCAL AREA AGENCY
21 ON AGING, INCLUDING THE SERVICES AVAILABLE TO PERSONS OVER 60
22 YEARS OF AGE THROUGH THE LOCAL AREA AGENCY ON AGING.
23 (29) INFORMATION ON COMMUNITY RESOURCES THAT CAN ASSIST
24 IN THE SELECTION OF A LONG-TERM CARE FACILITY, SUCH AS TRADE
25 ASSOCIATIONS OR CONSUMER ADVOCACY GROUPS.
26 (C) NURSING HOME CONSUMER INQUIRY TELEPHONE HOTLINE.--THE
27 DEPARTMENT OF AGING SHALL ESTABLISH A STATEWIDE TELEPHONE NUMBER
28 TO SERVE AS THE NURSING HOME CONSUMER INQUIRY TELEPHONE HOTLINE.
29 THIS NUMBER SHALL BE A TOLL-FREE NUMBER. THE PURPOSE OF THIS
30 TELEPHONE NUMBER IS TO RESPOND TO CALLS REGARDING THE CURRENT
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1 LICENSURE, DEFICIENCY AND CERTIFICATION STATUS OF NURSING HOMES.
2 ALL DATA PROVIDED BY THE HOTLINE SHALL BE UPDATED EACH WEEK
3 USING INFORMATION PROVIDED BY THE DEPARTMENT OF HEALTH IN A
4 TIMELY FASHION. THIS TELEPHONE NUMBER SHALL BE PROMINENTLY
5 DISPLAYED IN THE ANNUAL CONSUMER INFORMATION INTERNET GUIDE.
6 (D) DISCLOSURE.--THE STATE LONG-TERM CARE OMBUDSMAN IN THE
7 DEPARTMENT OF AGING SHALL MAIL AT LEAST THE ADDRESS OF THE
8 CONSUMER INFORMATION INTERNET GUIDE TO THE LOCAL LONG-TERM CARE
9 OMBUDSMAN OF EACH AREA AGENCY ON AGING, TO EACH NURSING HOME AND
10 TO THE PENNSYLVANIA COUNCIL ON AGING ANNUALLY.
11 (E) AVAILABILITY.--EACH NURSING HOME SHALL POST NEXT TO ITS
12 DEPARTMENT OF HEALTH LICENSE AN EXACT COPY OF ITS LISTING AS
13 FOUND IN THE CONSUMER INFORMATION INTERNET GUIDE. A NURSING HOME
14 SHALL PROVIDE TO EACH PROSPECTIVE RESIDENT AND FAMILY MEMBER OF
15 SUCH PROSPECTIVE RESIDENT WHO VISITS THE FACILITY, OR ANY MEMBER
16 OF THE PUBLIC UPON REQUEST, DURING NORMAL BUSINESS OR VISITING
17 HOURS, SUNDAY THROUGH SATURDAY, AN EXACT COPY OF ITS LISTING AS
18 SET FORTH IN THE CONSUMER INFORMATION INTERNET GUIDE.
19 (F) INSPECTIONS.--THE DEPARTMENT OF HEALTH SHALL VERIFY THE
20 AVAILABILITY OF THE LISTING DURING ANNUAL LICENSING SURVEYS. THE
21 DEPARTMENT OF HEALTH SHALL MONITOR COMPLIANCE WITH THE
22 REQUIREMENTS OF THIS ACT FOR REGULAR FILING OF THE LONG-TERM
23 CARE FACILITIES QUESTIONNAIRE WITH THE DEPARTMENT OF HEALTH.
24 (G) UPDATE.--THE DEPARTMENT OF HEALTH SHALL ISSUE
25 MODIFICATIONS TO THE LONG-TERM CARE FACILITIES QUESTIONNAIRE
26 RESULTING FROM CHANGES IN THE REIMBURSEMENT SYSTEM FOR NURSING
27 HOMES. SUCH MODIFICATIONS SHALL PROVIDE THE SAME INFORMATION IN
28 AN UPDATED FORMAT.
29 (H) REGULATIONS.--THE DEPARTMENT OF AGING SHALL PROMULGATE
30 REGULATIONS SETTING FORTH PROPOSED ADDITIONS, CHANGES, OR BOTH,
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1 IF THE DEPARTMENT DOES ANY OF THE FOLLOWING:
2 (1) EXPANDS THE SCOPE OF THE CONSUMER GUIDE BEYOND THOSE
3 TOPICS EXPRESSLY SET FORTH IN SUBSECTION (A).
4 (2) EXPANDS THE SCOPE OF THE COMPARATIVE LIST BEYOND
5 THOSE TOPICS EXPRESSLY SET FORTH IN SUBSECTION (B).
6 (3) EXPANDS THE SCOPE OF ANY TOPIC EXPRESSLY SET FORTH
7 IN SUBSECTION (A) OR (B).
8 SECTION 503. COMPLAINTS.
9 COMPLAINTS OF NONCOMPLIANCE WITH THIS ACT SHALL BE FILED WITH
10 THE DEPARTMENT OF AGING. A COMPLAINANT SHALL INCLUDE A LOCAL
11 OMBUDSMAN, A NURSING HOME EMPLOYEE, A NURSING HOME RESIDENT, A
12 PROSPECTIVE NURSING HOME RESIDENT, OR ANY PERSON REPRESENTING
13 THE INTERESTS OF A NURSING HOME RESIDENT OR PROSPECTIVE NURSING
14 HOME RESIDENT.
15 SECTION 504. ADDITIONAL CONSUMER INFORMATION.
16 EACH NURSING HOME SHALL PROVIDE TO EACH PROSPECTIVE RESIDENT
17 OR REPRESENTATIVE THEREOF AT THE TIME OF INITIAL INQUIRY, A
18 COMPANION CONSUMER GUIDE WHICH DESCRIBES HOW TO SELECT A NURSING
19 HOME. THIS INFORMATION CAN BE EITHER A PUBLICATION OF THE
20 DEPARTMENT OF AGING, A CAMERA-READY COPY OF A PUBLICATION
21 PROVIDED BY THE DEPARTMENT OF AGING OR A COMPARABLE PUBLICATION
22 THAT WILL INFORM THE CONSUMER ON HOW TO CHOOSE A NURSING HOME.
23 SECTION 505. PENALTIES.
24 THE DEPARTMENT OF AGING SHALL HAVE THE AUTHORITY TO ASSESS A
25 $1,000 CIVIL PENALTY FOR EACH VIOLATION OF THIS CHAPTER. ANY
26 PERSON AGGRIEVED BY AN ADJUDICATION BY THE DEPARTMENT OF AGING
27 SHALL HAVE THE RIGHT TO APPEAL UNDER 42 PA.C.S. (RELATING TO
28 JUDICIARY AND JUDICIAL PROCEDURE).
29 CHAPTER 7
30 MISCELLANEOUS PROVISIONS
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1 SECTION 701. REPEALS.
2 ALL ACTS AND PARTS OF ACTS ARE REPEALED INSOFAR AS THEY ARE
3 INCONSISTENT WITH THIS ACT.
4 SECTION 702. EFFECTIVE DATE.
5 THIS ACT SHALL TAKE EFFECT IN 90 DAYS.
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