PRINTER'S NO. 3222
No. 2242 Session of 2008
INTRODUCED BY GINGRICH, MUNDY, HENNESSEY, WATSON, BELFANTI,
BENNINGTON, BIANCUCCI, CALTAGIRONE, CAPPELLI, CLYMER,
CREIGHTON, FREEMAN, GEIST, GILLESPIE, LONGIETTI, R. MILLER,
O'NEILL, PALLONE, PETRONE, RAPP, REICHLEY, RUBLEY, SAYLOR,
SIPTROTH, SWANGER, J. TAYLOR AND YOUNGBLOOD,
FEBRUARY 11, 2008
REFERRED TO COMMITTEE ON AGING AND OLDER ADULT SERVICES,
FEBRUARY 11, 2008
AN ACT
1 Requiring public notices relating to long-term care providers;
2 and providing for compliance and enforcement, for certain
3 information to be posted on the Internet, for certain
4 information to be provided directly to consumers and
5 consumers' designated persons and for certain duties of
6 Commonwealth agencies responsible for licensure,
7 certification and other 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 "Consumer's designated person." An individual designated by
2 a consumer or an individual authorized by law to take certain
3 actions on behalf of a consumer and who is responsible for
4 making decisions on behalf of a consumer. The term may include
5 legal counsel, a court-appointed guardian, an attorney-in-fact
6 under a durable power of attorney, an agent under a health care
7 proxy, a representative payee or any other individual authorized
8 by statute or regulation.
9 "Enforcement action." Any of the following:
10 (1) Suspension of license, certification or other State
11 approval.
12 (2) Revocation of license, certification or other State
13 approval.
14 (3) Refusal to renew license, certification or other
15 State approval.
16 (4) Suspension of admissions to a facility or provision
17 of services by a home and community-based provider.
18 "Facility." Any of the following:
19 (1) A long-term care nursing facility as defined under
20 section 802.1 of the act of July 19, 1979 (P.L.130, No.48),
21 known as the Health Care Facilities Act.
22 (2) A personal care home as defined under section 1001
23 of the act of June 13, 1967 (P.L.31, No.21), known as the
24 Public Welfare Code.
25 (3) An assisted living residence as defined under
26 section 1001 of the act of June 13, 1967 (P.L.31, No.21),
27 known as the Public Welfare Code.
28 (4) An older adult daily living center as defined under
29 section 2 of the act of July 11, 1990 (P.L.499, No.118),
30 known as the Older Adult Daily Living Centers Licensing Act.
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1 (5) A facility that provides continuing care as defined
2 under section 3 of the act of June 18, 1984 (P.L.391, No.82),
3 known as the Continuing-Care Provider Registration and
4 Disclosure Act.
5 (6) A facility that provides domiciliary care as defined
6 under section 2202-A of the act of April 9, 1929 (P.L.177,
7 No.175), known as The Administrative Code of 1929.
8 "Home and community-based provider." Any of the following:
9 (1) A home health care agency as defined under section
10 802.1 of the act of July 19, 1979 (P.L.130, No.48), known as
11 the Health Care Facilities Act.
12 (2) A home care agency as defined under section 802.1 of
13 the act of July 19, 1979 (P.L.130, No.48), known as the
14 Health Care Facilities Act.
15 (3) A State-approved home and community-based waiver
16 provider that operates pursuant to a Medicaid home and
17 community-based waiver granted by the Centers for Medicaid
18 and Medicare Services to the Department of Public Welfare
19 under the authority of section 1915(c) of the Social Security
20 Act (49 Stat. 620, 42 U.S.C. § 1396n(c)) and that provides
21 long-term care to nursing-facility-eligible consumers in the
22 consumers' homes or at locations in the community to assist
23 consumers to function as independently as possible.
24 "Inspection." An examination by a State agency or its
25 representatives, including interviews with the office staff,
26 clients and individuals who provide care and a review of
27 documents pertinent to initial and continued licensure,
28 certification or other State approval, for the purpose of
29 determining a provider's compliance with requirements of
30 licensure, certification or other State approval.
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1 "Long-term care." Assistance, services or other devices
2 which may be provided over an extended period of time and
3 designed to meet medical, personal and social needs associated
4 with aging, chronic disease or disability, acute illness or
5 injury or behavioral health problems that enable a person to
6 live as independently as possible.
7 "Long-term care provider" or "provider." A facility or home
8 and community-based provider licensed, certified or otherwise
9 approved by the Commonwealth to provide long-term care.
10 Section 3. Postings and consumer notification.
11 (a) Duties of facilities.--A facility shall display the
12 following information at the site where the long-term care is
13 provided, in a public and conspicuous location, and where the
14 information can be easily observed and read:
15 (1) The license, certification or other evidence of
16 State approval by a Commonwealth agency responsible for
17 overseeing its operation. In lieu of the license,
18 certification or other State-approved document, the facility
19 may display an identification number that is designated by
20 the Commonwealth agency that currently holds the license,
21 certification or other State approval for its operation.
22 (2) Notices of enforcement actions currently being
23 undertaken against the facility. A Commonwealth agency
24 providing notification of an enforcement action shall include
25 a summary that is written in clear and specific language so
26 as to clearly communicate the action being taken by the
27 agency. No later than 36 hours after a facility receives
28 notification from a Commonwealth agency of an enforcement
29 action, the facility shall post the summary in a public and
30 conspicuous location in the facility. The summary shall
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1 remain posted until such time as the action taken by a
2 Commonwealth agency has been resolved. If an appeal of the
3 action is filed, the notification shall reflect the appeal
4 and shall remain posted until all issues on appeal are
5 determined finally. The notification shall reflect the status
6 of the appeal.
7 (3) Information regarding the Commonwealth's Internet
8 website where consumers can find information pertaining to
9 the Commonwealth agency that licenses, certifies or otherwise
10 approves the facility, with specific reference to inspection
11 reports and agency contact information contained on the
12 Internet website.
13 (b) Duties of home and community-based providers.--A home
14 and community-based provider shall provide the following
15 information to a consumer prior to the rendering of services:
16 (1) The license, certification or other evidence of
17 State approval by a Commonwealth agency responsible for
18 overseeing its operation. In lieu of the license,
19 certification or other State-approved document, the home and
20 community-based provider may provide to consumers an
21 identification number that is designated by the Commonwealth
22 agency that currently holds the license, certification or
23 other State approval for its operation.
24 (2) Notices of enforcement actions currently being
25 undertaken against the home and community-based provider. A
26 Commonwealth agency providing notification of an enforcement
27 action shall include a summary that is written in clear and
28 specific language so as to clearly communicate the action
29 being taken by the agency. No later than 36 hours after a
30 home and community-based provider receives notification from
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1 a Commonwealth agency of an enforcement action, the home and
2 community-based provider shall transmit a summary of the
3 information to consumers to which the home and community-
4 based provider renders services as of the date of the
5 notification from the agency as well as information regarding
6 any appeals filed. The summary shall be either:
7 (i) hand-delivered to each consumer;
8 (ii) mailed through the United States Postal
9 Service; or
10 (iii) transmitted by a common or contract carrier.
11 A home and community-based provider shall maintain a record
12 that the transmission was initiated within the required time
13 frame.
14 (3) Information regarding the Commonwealth's Internet
15 website where consumers can find information pertaining to
16 the Commonwealth agency that licenses, certifies or otherwise
17 approves the home and community-based provider, with specific
18 reference to inspection reports and agency contact
19 information contained on the Internet website.
20 Section 4. Notice to consumer's designated person.
21 (a) Records.--A long-term care provider shall maintain for
22 each consumer, where feasible, a current record of the name,
23 address and telephone number of the consumer's designated
24 person, which shall be provided upon request to the Commonwealth
25 agency responsible for oversight of the provider.
26 (b) Summary of enforcement action.--Whenever a long-term
27 care provider receives a notice of enforcement action and a
28 summary of such action from the Commonwealth agency responsible
29 for oversight of the provider, the summary shall be transmitted
30 by the provider to the consumer's designated person within seven
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1 days. The provider shall utilize the information transmission
2 methods and record maintenance requirements as outlined in
3 section 3(b)(1).
4 Section 5. Compliance and enforcement.
5 Notwithstanding any other provision of law, compliance with
6 this act shall operate as a condition of licensure,
7 certification or other State approval for a long-term care
8 provider, and this act shall be enforced against a provider in
9 the same manner as provided in this act, regulation or other
10 similar authority under which the provider is licensed,
11 certified or otherwise approved.
12 Section 6. Repeals.
13 All acts and parts of acts are repealed insofar as they are
14 inconsistent with this act.
15 Section 7. Effective date.
16 This act shall take effect in one year.
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