PRINTER'S NO. 239
No. 197 Session of 2007
INTRODUCED BY KASUNIC, COSTA, KITCHEN, C. WILLIAMS, RAFFERTY, TARTAGLIONE, FONTANA, WOZNIAK, LOGAN, BROWNE, STACK, BOSCOLA, STOUT, MUSTO AND FERLO, MARCH 7, 2007
REFERRED TO PUBLIC HEALTH AND WELFARE, MARCH 7, 2007
AN ACT 1 Providing for nursing home performance information; and 2 requiring nursing homes to maintain inspection reports and to 3 distribute reports to patients or designees. 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 Nursing Home 8 Performance Information Act. 9 Section 2. Definitions. 10 The following words and phrases when used in this act shall 11 have the meanings given to them in this section unless the 12 context clearly indicates otherwise: 13 "Area agency on aging." An agency designated by the 14 Department of Aging in accordance with the Older Americans Act 15 of 1965 (Public Law 89-73, 42 U.S.C. § 3001 et seq.) and Article 16 XXII-A of the act of April 9, 1929 (P.L.177, No.175), known as 17 The Administrative Code of 1929, to plan and provide a 18 comprehensive and coordinated system of services for older
1 adults and to serve as the advocate for older persons in the 2 community. 3 "Consumer guide on nursing home performance." The consumer 4 guide required to be published by the Department of Health under 5 the provisions of this act. 6 "Department." The Department of Health of the Commonwealth. 7 "Nursing home." Any long-term care nursing facility as 8 defined in section 802.1 of the act of July 19, 1979 (P.L.130, 9 No.48), known as the Health Care Facilities Act. 10 "Secretary." The Secretary of Health of the Commonwealth. 11 Section 3. Consumer guide on nursing home performance. 12 (a) Publication.--The department shall publish in electronic 13 and paper media on an annual basis a consumer guide on nursing 14 home performance. The department's initial guide shall contain 15 information from calendar year 2004 and shall be published 16 within 60 days of the effective date of this section. The second 17 consumer guide shall contain information from calendar year 2004 18 and calendar year 2005. The third consumer guide shall contain 19 information from calendar year 2004, calendar year 2005 and 20 calendar year 2006. All subsequent consumer guides shall contain 21 information from the last three calendar years. These guides 22 shall hereafter be published no later than January 31 of the 23 year following the year covered in the guides. 24 (b) Contents.--The consumer guide on nursing home 25 performance shall contain the following information for the 26 three most recent calendar years for each nursing home licensed 27 and operating within this Commonwealth: 28 (1) The name, address, county and telephone number of 29 the nursing home. 30 (2) The number of licensed beds and the occupancy rate 20070S0197B0239 - 2 -
1 of the nursing home. 2 (3) Ownership of the nursing home. 3 (4) Current license status. 4 (5) A numerical breakdown of the number of deficiencies 5 pertaining to: 6 (i) Resident rights. 7 (ii) Resident behavior and facility practices. 8 (iii) Quality of life. 9 (iv) Resident assessment. 10 (v) Quality of care. 11 (vi) Nursing services. 12 (vii) Dietary services. 13 (viii) Physician services. 14 (ix) Specialized rehabilitative services. 15 (x) Pharmacy services. 16 (xi) Infection control. 17 (xii) Physical environment. 18 (xiii) Administration. 19 (6) The total number of deficiencies in each of the 20 three years. 21 (7) A summary of deficiencies according to severity 22 level in each of the three years. 23 (8) A listing of any sanctions or remedies imposed 24 against the nursing home in the period covered. This listing 25 shall include, but not be limited to, any plan of correction 26 implemented, provisional license issued, temporary management 27 appointed, suspension or ban on admissions, civil penalties, 28 or any other remedy or sanction imposed, and their effective 29 dates. 30 Section 4. Categorization of deficiencies. 20070S0197B0239 - 3 -
1 (a) Categorization and reporting.--For purposes of this act, 2 the department shall use the criteria set forth in 42 CFR Pt. 3 483 Subpt. B (relating to requirements for long term care 4 facilities) in categorizing and reporting a nursing home's 5 deficiencies under section 3(b)(5). 6 (b) Severity level.--For purposes of this act, the 7 department shall use the criteria set forth in 42 CFR 8 488.404(b)(1) (relating to factors to be considered in selecting 9 remedies) when determining the severity level of a nursing 10 home's deficiencies under section 3(b)(7). 11 Section 5. Nursing home to maintain inspection reports. 12 Each licensed nursing home shall keep on file all inspection 13 reports completed by the department during the period covered in 14 the most recent consumer guide. The nursing home shall allow 15 public inspection of these reports upon request. 16 Section 6. Administration. 17 (a) File copy.--A copy of the consumer guide on nursing home 18 performance shall be kept on file in the main office of the 19 department. The secretary shall also provide each local area 20 agency on aging within this Commonwealth a copy of the 21 information compiled for section 3(b) for each licensed nursing 22 home within the local area agency on aging's service area. 23 (b) Copies to residents or designees.--All nursing homes 24 licensed by the department shall provide a copy of the nursing 25 home's most recent information published in the consumer guide 26 on nursing home performance to each nursing home resident or his 27 or her designated guardian on an annual basis. The nursing home 28 shall also provide a copy of the nursing home's most recent 29 information published in the consumer guide on nursing home 30 performance to any individual, or their immediate family or 20070S0197B0239 - 4 -
1 guardian, considering residency in the nursing home. 2 (c) Posting.--All nursing homes within this Commonwealth 3 shall post in a conspicuous public place and in a manner clearly 4 visible to the resident and visitor notice of the existence of 5 the guide and information advising that State law requires that 6 individuals receive a copy of the nursing home's information 7 either annually or when considering residency in the nursing 8 home. 9 Section 7. Form of consumer guide on nursing home performance. 10 The consumer guide on nursing home performance established 11 under section 3 shall be substantially in the following form: 12 Commonwealth of Pennsylvania 13 Consumer Guide on Nursing Home Performance 14 Name of Nursing Home 15 Address 16 County 17 Telephone Number 18 Ownership 19 Number of Beds 20 Occupancy Rate 21 Current License Status 22 SUMMARY OF DEFICIENCIES 23 (Number of deficiencies per year) 24 Performance Categories Year Year Year 25 Resident Rights 26 Resident Behavior and Facility 27 Practices 28 Quality of Life 29 Resident Assessment 30 Quality of Care 20070S0197B0239 - 5 -
1 Nursing Services 2 Dietary Services 3 Physician Services 4 Specialized Rehabilitative 5 Services 6 Pharmacy Services 7 Infection Control 8 Physical Environment 9 Administration 10 Total Number of Deficiencies: 11 Summary of Deficiencies by Severity Level 12 Classification of Severity Levels Year Year Year 13 Level 1 - No negative impact on 14 residents 15 Level 2 - Potential for negative 16 impact on residents 17 Level 3 - Actual negative impact on 18 residents 19 Level 4 - Immediate jeopardy to 20 residents 21 History of Sanctions or Remedies Imposed 22 Type of Sanction or Remedy Effective Dates 23 Section 8. Effective date. 24 This act shall take effect immediately. L12L35JS/20070S0197B0239 - 6 -