PRINTER'S NO. 487
No. 423 Session of 2007
INTRODUCED BY GINGRICH, BELFANTI, BENNINGTON, BIANCUCCI,
CALTAGIRONE, CAPPELLI, CLYMER, CREIGHTON, FREEMAN, GEIST,
GILLESPIE, R. MILLER, O'NEILL, PETRONE, RAPP, REICHLEY,
RUBLEY, SAYLOR, J. TAYLOR, WATSON AND YOUNGBLOOD,
FEBRUARY 13, 2007
REFERRED TO COMMITTEE ON AGING AND OLDER ADULT SERVICES,
FEBRUARY 13, 2007
AN ACT
1 Requiring public notices to certain matters affecting long-term
2 care providers; providing for compliance and enforcement;
3 requiring providers to submit information annually; and
4 providing for certain information to be posted on the
5 Internet website and for certain duties of Commonwealth
6 entities responsible for licensure, certification and other
7 approval of long-term care providers.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Short title.
11 This act shall be known and may be cited as the Long-Term
12 Care Consumer Notification Act.
13 Section 2. Definitions.
14 The following words and phrases when used in this act shall
15 have the meanings given to them in this section unless the
16 context clearly indicates otherwise:
17 "Consumer." A person who receives services from a long-term
18 care provider.
1 "Designated party." An individual designated by a consumer
2 or a consumer's responsible party who receives notices as
3 required by section 4.
4 "Long-term care." Assistance, services or devices provided
5 over an extended period of time and designed to meet medical,
6 personal and social needs associated with aging, chronic disease
7 or disability, acute illness or injury or behavioral health
8 problems that enable a person to live as independently as
9 possible, which services are provided by a nursing facility,
10 assisted living facility, domiciliary care home, personal care
11 home, continuing care retirement community, home care agency,
12 home health agency, adult day-care provider or other home-based
13 and community-based provider.
14 "Long-term care provider" or "provider." An entity licensed,
15 certified or otherwise approved by the Commonwealth to provide
16 long-term care.
17 Section 3. License and operational postings.
18 A long-term care provider shall:
19 (1) Display the following information at the site where
20 the long-term care is provided, in a public and conspicuous
21 location and where the information can be easily observed and
22 read:
23 (i) The license, certification or other evidence of
24 approval by a Commonwealth entity responsible for
25 overseeing its operation.
26 (ii) Any notice of a ban on admissions, revocation
27 of a license or other similar document evidencing a
28 prohibition against a continuation of providing services
29 to consumers.
30 (iii) All reports of inspections issued during the
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1 preceding 12-month period of time.
2 (iv) Information regarding the Commonwealth's
3 Internet website.
4 (2) Maintain in current status for each consumer, where
5 applicable, the names, addresses and telephone numbers of the
6 representative payee or next of kin, responsible party or
7 designated party and the person or persons named as power of
8 attorney or guardian.
9 (3) Provide the information identified in paragraph (2)
10 to the Commonwealth entity responsible for the licensure,
11 certification or other approval of the provider responsible
12 for providing services to the consumer.
13 Section 4. Notice to consumers receiving long-term care.
14 (a) Notice of proposed ban.--
15 (1) Whenever a Commonwealth entity provides notice to a
16 provider of a proposed ban on admissions, license revocation
17 or other prohibition against providing long-term care, the
18 notice shall be delivered by either a representative or agent
19 of the entity or placed in the United States Postal Service,
20 registered mail, return receipt requested.
21 (2) The notice shall also be transmitted to the
22 responsible party or designated party for each consumer of
23 the provider. The notice to the responsible or designated
24 party shall be either hand delivered by a representative or
25 agent of the Commonwealth entity or postmarked by the United
26 States Postal Service no later than 24 hours after
27 notification to the provider and shall be written in clear
28 and specific language so as to clearly communicate the action
29 being taken by the Commonwealth entity.
30 (3) The Commonwealth entity shall post the notice on the
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1 Commonwealth's Internet website for long-term care.
2 (b) Notice of corrective action or appeal resolution.--
3 (1) In the event that corrections are made or appeals
4 are resolved, the Commonwealth entity shall notify the
5 responsible party or designated party for each consumer of
6 the provider of the corrections or resolution of appeals.
7 (2) The Commonwealth entity shall post the notice on the
8 Commonwealth's Internet website for long-term care.
9 Section 5. Notice on premises.
10 (a) Duty to post notice.--No later than 24 hours after a
11 provider receives notification from the Commonwealth entity of a
12 proposed ban on admission, license revocation or other
13 prohibition against providing long-term care under section 4(a),
14 the provider shall post the notification on any entrance to the
15 physical location of the site at which the long-term care is
16 provided.
17 (b) Duration of notice.--The notice shall remain posted
18 until such time as the action taken by the Commonwealth entity
19 has been resolved. If an appeal is filed of the action by the
20 Commonwealth entity, the notice shall remain posted until all
21 issues on appeal are determined finally.
22 Section 6. Compliance and enforcement.
23 Notwithstanding any other provision of law, compliance with
24 this act shall operate as a condition of licensure,
25 certification or other approval for a provider, and this act
26 shall be enforced against a provider in the same manner as
27 provided in this act, regulation or other similar authority
28 under which the provider is licensed, certified or otherwise
29 approved.
30 Section 7. Effective date.
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1 This act shall take effect in 180 days.
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