PRINTER'S NO. 107
No. 83 Session of 2007
INTRODUCED BY DeLUCA, COHEN, CURRY, FREEMAN, GRUCELA, JAMES,
JOSEPHS, McGEEHAN, PALLONE, PETRONE, M. SMITH, WALKO AND
YOUNGBLOOD, JANUARY 30, 2007
REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES,
JANUARY 30, 2007
AN ACT
1 Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An
2 act to consolidate, editorially revise, and codify the public
3 welfare laws of the Commonwealth," requiring the Department
4 of Public Welfare to provide personal care home information
5 on the department's Internet website.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. The act of June 13, 1967 (P.L.31, No.21), known
9 as the Public Welfare Code, is amended by adding a section to
10 read:
11 Section 1088. Disclosure of Information.--The department
12 shall maintain and provide to the public on the department's
13 Internet website the following information relating to personal
14 care homes:
15 (1) The following incidents and conditions reported to the
16 department by a personal care home as required by regulation:
17 (i) A serious bodily injury or trauma requiring treatment at
18 a hospital or medical facility.
1 (ii) A violation of a resident's rights under 55 Pa. Code §
2 2600.41 (relating to notification of rights and complaint
3 procedures), 2600.42 (relating to specific rights), 2600.43
4 (relating to prohibition against deprivation of rights) or
5 2600.44 (relating to complaint procedures).
6 (iii) An unexplained absence of a resident for twenty-four
7 hours or more, or when the resident's support plan so provides,
8 a period of less than twenty-four hours, or an absence of a
9 resident from a secured dementia care unit.
10 (iv) Misuse of a resident's funds by the home's staff
11 persons or legal entity.
12 (v) An outbreak of a serious communicable disease as defined
13 in 28 Pa. Code § 27.2 (relating to specific identified
14 reportable diseases, infections and conditions).
15 (vi) Food poisoning of residents.
16 (vii) A physical or sexual assault by or against a resident.
17 (viii) A complaint of resident abuse, suspected resident
18 abuse or referral of a complaint of resident abuse to a local
19 authority.
20 (ix) A prescription medication error as defined in 55 Pa.
21 Code § 2600.188 (relating to medication errors).
22 (x) A criminal conviction against the legal entity,
23 administrator or staff that is subsequent to the reporting on
24 the criminal history checks under 55 Pa. Code § 2600.51
25 (relating to criminal history checks).
26 (2) The following additional information:
27 (i) The ratio of direct care staff to residents.
28 (ii) The annual staff turnover.
29 Section 2. This act shall take effect in 60 days.
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