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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 July 19, 1979 (P.L.130, No.48), entitled "An |
2 | act relating to health care; prescribing the powers and |
3 | duties of the Department of Health; establishing and |
4 | providing the powers and duties of the State Health |
5 | Coordinating Council, health systems agencies and Health Care |
6 | Policy Board in the Department of Health, and State Health |
7 | Facility Hearing Board in the Department of Justice; |
8 | providing for certification of need of health care providers |
9 | and prescribing penalties," in licensing of health care |
10 | facilities, further providing for definitions; and providing |
11 | for complaint investigations. |
12 | The General Assembly of the Commonwealth of Pennsylvania |
13 | hereby enacts as follows: |
14 | Section 1. Section 802.1 of the act of July 19, 1979 (P.L. |
15 | 130, No.48), known as the Health Care Facilities Act, is amended |
16 | by adding definitions to read: |
17 | Section 802.1. Definitions. |
18 | The following words and phrases when used in this chapter |
19 | shall have, unless the context clearly indicates otherwise, the |
20 | meanings given them in this section: |
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1 | * * * |
2 | "General complaint." A complaint that does not allege |
3 | immediate jeopardy. |
4 | * * * |
5 | "Immediate jeopardy." A situation in which a long-term care |
6 | nursing facility's noncompliance with one or more requirements |
7 | of participation has caused or is likely to cause serious |
8 | injury, harm, impairment or death to a resident. |
9 | * * * |
10 | "Priority complaint." A complaint that alleges immediate |
11 | jeopardy. |
12 | Section 2. The act is amended by adding a section to read: |
13 | Section 813.1. Complaint investigations. |
14 | (a) Initial inspection.--The department shall initiate |
15 | investigations of complaints at long-term care nursing |
16 | facilities as follows: |
17 | (1) If the complaint is a priority complaint, the onsite |
18 | inspection shall be initiated within 24 hours of the receipt |
19 | of the complaint. |
20 | (2) If the complaint is a general complaint, the |
21 | inspection shall be initiated or a surveyor shall be assigned |
22 | to initiate an inspection within 48 hours of the receipt of |
23 | the complaint. The department shall have the discretion to |
24 | conduct an onsite inspection depending upon the severity of |
25 | the complaint. |
26 | (b) Follow-up inspection.--Once the plan of correction |
27 | submitted in accordance with section 814 has been approved by |
28 | the department, the follow-up inspection shall be conducted |
29 | after the longest target date for compliance has been reached as |
30 | noted on the plan of correction but no later than 90 days after |
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1 | the department's initial inspection to ensure compliance with |
2 | the plan of correction. |
3 | Section 3. This act shall take effect in 60 days. |
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