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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY STABACK, BELFANTI, BOBACK, FABRIZIO, FREEMAN, GEORGE, GRUCELA, HORNAMAN, JOSEPHS, KORTZ, KOTIK, KULA, McGEEHAN, MUNDY, M. O'BRIEN, PASHINSKI, READSHAW, SEIP, SIPTROTH, K. SMITH, WALKO, WANSACZ, WATSON, YOUNGBLOOD, YUDICHAK AND MOUL, FEBRUARY 10, 2009 |
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| REFERRED TO COMMITTEE ON AGING AND OLDER ADULT SERVICES, FEBRUARY 10, 2009 |
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| AN ACT |
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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," in general powers and |
4 | duties of Department of Public Welfare, providing for onsite |
5 | complaint investigations and plans of correction. |
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 211.1. Onsite Complaint Investigations and Plans of |
12 | Correction.--(a) The department shall initiate onsite |
13 | investigations of complaints at personal care homes and assisted |
14 | living residences as follows: |
15 | (1) If the complaint is a Level 1 complaint, the onsite |
16 | inspection shall be initiated within twenty-four hours of the |
17 | complaint intake. |
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1 | (2) If the complaint is a Level 2 complaint, the onsite |
2 | inspection shall be initiated within seven calendar days of the |
3 | complaint intake. |
4 | (3) If the complaint is a Level 3 complaint, the onsite |
5 | inspection shall be initiated within twenty-one calendar days of |
6 | the complaint intake. |
7 | (b) The department shall contact and coordinate the |
8 | investigation with appropriate local agencies, including the |
9 | Area Agency on Aging, specifically the Protective Services or |
10 | Long-Term Care Ombudsman Program, County Mental Health/Mental |
11 | Retardation, local or Pennsylvania State Police, local code |
12 | enforcement or fire officials. |
13 | (c) The department shall conduct an unannounced onsite |
14 | inspection of the personal care home or assisted living |
15 | residence within the time frame established under subsection (a) |
16 | (1), (2) or (3). The complaint investigation shall include the |
17 | following components and adhere to the following time frames: |
18 | (1) Conduct an entrance interview with administrator or |
19 | designee, providing general information regarding the complaint, |
20 | but maintaining confidentiality of residents and complainant. |
21 | (2) Interview relevant subjects to the complaint such as |
22 | residents, families, staff or other witnesses. |
23 | (3) Preserve evidence by obtaining signed witness |
24 | statements, making copies of documents and taking photographs. |
25 | (4) Review relevant documents such as resident, staff and |
26 | facility records. |
27 | (5) Observe physical site conditions related to the |
28 | complaint. |
29 | (6) Contact the appropriate manager in the department |
30 | regarding Level 1 high-risk issues. |
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1 | (7) Ensure that immediate threats are resolved before |
2 | leaving the personal care home or assisted living residence. |
3 | (8) Record all relevant information, including violations, |
4 | as directed by department policies and procedures. |
5 | (9) Conduct an exit interview with the administrator or the |
6 | most appropriate employe onsite and provide an opportunity to |
7 | respond to preliminary findings, unless the disclosure may |
8 | jeopardize ongoing aspects of the investigation. |
9 | (10) Determine and discuss findings with the appropriate |
10 | manager in the department and determine if each allegation is |
11 | founded, unfounded or requires further investigation. |
12 | (11) Additional collateral contacts, interviews and site |
13 | inspections shall be made as indicated by the seriousness of the |
14 | complaint allegation and based on the initial onsite inspection. |
15 | (12) The complaint investigation, including all collateral |
16 | contacts, interviews and onsite inspections, must be concluded |
17 | within fifteen days following the onsite inspection. |
18 | (d) Within four business days of the conclusion of the |
19 | complaint investigation for Level 1 high-risk complaints, within |
20 | ten business days of the conclusion of the complaint |
21 | investigation for Level 2 complaints and within 15 business days |
22 | of the conclusion of the complaint investigation for Level 3 |
23 | complaints, the department shall prepare a violation report if |
24 | applicable, review the violation report with the appropriate |
25 | manager in the department and transmit the violation report to |
26 | the personal care home or assisted living residence for |
27 | corrective action. |
28 | (e) If a violation report is provided by the department, the |
29 | personal care home or assisted living residence must submit a |
30 | plan of correction within seven calendar days of receipt of the |
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1 | violation report. |
2 | (f) Within ten business days of receiving the plan of |
3 | correction from the personal care home or assisted living |
4 | residence, the department shall review the plan of correction |
5 | and refer the plan to the appropriate manager in the department |
6 | for plan approval or denial. |
7 | (g) If the personal care home or assisted living residence |
8 | does not submit a plan of correction within the required seven- |
9 | day time frame, the department may suspend, revoke or limit a |
10 | license, or may issue a ban on admissions for the personal care |
11 | home or assisted living residence. |
12 | (h) Once the plan of correction has been approved by the |
13 | department, the follow-up complaint inspection of the personal |
14 | care home or assisted living residence shall be conducted onsite |
15 | after the longest target date for compliance has been reached as |
16 | noted on the plan of correction, but no later than ninety days |
17 | after the initial onsite complaint inspection by the department |
18 | to ensure compliance with the plan of correction. |
19 | (i) If the plan of correction is disapproved, the department |
20 | shall contact the personal care home or assisted living |
21 | residence within forty-eight hours of the disapproval decision |
22 | and require an alternate plan of correction within four business |
23 | days. If the personal care home or assisted living residence |
24 | returns an approved plan of correction within the required time |
25 | frame, the department shall conduct a follow-up onsite |
26 | inspection of the personal care home or assisted living |
27 | residence as outlined under subsection (h). |
28 | (j) If the alternate plan of correction is not resubmitted |
29 | by the personal care home or assisted living residence within |
30 | the required time frame, the department may suspend, revoke or |
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1 | limit a license, or may issue a ban on admissions for the |
2 | personal care home or assisted living residence. |
3 | (k) Within ten business days of the conclusion of the |
4 | investigation and determination on each of the complaint |
5 | allegations, the department shall send a complaint response |
6 | letter to the complainant. |
7 | (l) The department may exceed the timelines relating to a |
8 | Level 3 complaint if it determines that resources are otherwise |
9 | necessary to address risks to the health and safety of other |
10 | residents in the personal care home or assisted living |
11 | residence. |
12 | (m) For purposes of this section: |
13 | "Level 1 complaint" shall mean a complaint with a high risk, |
14 | including, but not limited to, incidents related to immediate |
15 | fire safety, physical assault or abuse, no food or water, no |
16 | heat in winter, no staff or serious illness outbreak. |
17 | "Level 2 complaint" shall mean a complaint with a medium |
18 | risk, including, but not limited to, incidents related to |
19 | inadequate staffing, quality of care issues, nutrition, |
20 | sanitation or medication administration. |
21 | "Level 3 complaint" shall mean a complaint with a low risk, |
22 | including, but not limited to, incidents related to menus, |
23 | policies, assessments, support plans, financial management or |
24 | contracts. |
25 | Section 2. This act shall take effect in 60 days. |
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