THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY DERMODY, BISHOP, KORTZ, KOTIK, BRENNAN, MURPHY, STABACK, MELIO, KULA, LONGIETTI, SIPTROTH, FRANKEL, CALTAGIRONE, LENTZ AND HENNESSEY, MAY 5, 2009

REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES, MAY 5, 2009  

AN ACT

Providing for joint training and continuing education of nursing

care providers and nursing facility surveyors, assisted

living service providers and assisted living residence

surveyors and for joint training and continuing education of

personal care providers and personal care home surveyors.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

CHAPTER 1

PRELIMINARY PROVISIONS

Section 101.  Short title.

This act shall be known and may be cited as the Joint

Provider and Surveyor Training and Continuing Education Act.

Section 102.  Purpose.

The purpose of this act is to provide joint training and

continuing education opportunities to nursing care providers and

nursing facility surveyors, joint training and continuing

education to assisted living providers and assisted living

residence surveyors and joint training and continuing education

to personal care providers and personal care home surveyors. The

joint training and continuing education opportunities shall be

designed to allow providers and surveyors to interact with one

another and to promote a common understanding of applicable laws

and regulations.

CHAPTER 3

NURSING CARE PROVIDERS AND

NURSING FACILITY SURVEYORS

Section 301.  Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Department."  The Department of Health of the Commonwealth.

"Nursing care provider."  An individual who owns, operates or

staffs a nursing facility.

"Nursing facility."  A long-term care nursing facility, as

defined under section 802.1 of the act of July 19, 1979

(P.L.130, No.48), known as the Health Care Facilities Act.

"Nursing facility surveyor."  An agent of the Department of

Health authorized to conduct a survey of a nursing facility.

"Region."  A geographic area composed of counties, as

determined by the Department of Health.

"Survey."  Inspection of a nursing facility conducted in

accordance with section 1919(g)(2) of the Social Security Act

(49 Stat. 620, 42 U.S.C. § 1396r(g)(2)).

Section 302.  Joint provider-surveyor program.

(a)  Training.--The department shall semiannually in each

region provide for joint training for nursing care providers and

nursing facility surveyors to be conducted at the same time,

place and by the same instructor that shall:

(1)  Outline the ten most frequently issued citations in

this Commonwealth during the previous calendar year.

(2)  Substantively analyze at least one of the ten most

frequently issued citations in this Commonwealth during the

previous year and how to avoid, correct or remediate the

conditions that would result in the citation.

(3)  Review any regulation, regulatory guideline,

interpretation, program letter, memorandum or any other

material that could be used as a reference by nursing

facility surveyors during the survey process that has been

published since the most recent joint training session in

each region or has been approved to be published within the

next six months.

(b)  Consultation.--The department shall consult with nursing

care providers and other experts in long-term care to design the

curriculum for each joint training session.

Section 303.  Continuing education credit application.

Joint training sessions provided by the department shall be

approved by the Department of State and its respective licensing

boards for application toward continuing education requirements

for professionals and clinicians in long-term care, including,

but not limited to, nursing home administrators, registered

nurses and other direct care workers.

Section 304.  Report by department.

The department shall submit a report no later than February 1

of each year to the Governor and the General Assembly that

summarizes the joint training and continuing education program

under this chapter for the prior calendar year.

Section 305.  Funding.

The department shall identify and, to the fullest extent

possible, utilize funds collected as civil monetary penalties

from nursing facilities in accordance with section 817 of the

act of July 19, 1979 (P.L.130, No.48), known as the Health Care

Facilities Act, to offset costs associated with the development

and implementation of the joint training and continuing

education program under this chapter.

CHAPTER 5

PERSONAL CARE HOME AND

ASSISTED LIVING PROVIDERS AND SURVEYORS

Section 501.  Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Assisted living residence."  As defined under section 1001

of the act of June 13, 1967 (P.L.31, No.21), known as the Public

Welfare Code.

"Assisted living residence surveyor."  An agent of the

Department of Public Welfare authorized to conduct a survey of

an assisted living residence.

"Assisted living service provider."  An individual who owns,

operates or staffs an assisted living residence.

"Department."  The Department of Public Welfare of the

Commonwealth.

"Personal care home."  As defined under section 1001 of the

act of June 13, 1967 (P.L.31, No.21), known as the Public

Welfare Code.

"Personal care home surveyor."  An agent of the Department of

Public Welfare authorized to conduct a survey of a personal care

home.

"Personal care provider."  An individual who owns, operates

or staffs a personal care home.

"Region."  A geographic area composed of counties, as

determined by the Department of Public Welfare.

"Survey."  Inspection of a personal care home conducted in

accordance with section 211 of the act of June 13, 1967 (P.L.31,

No.21), known as the Public Welfare Code.

Section 502.  Personal care home joint provider-surveyor

program.

(a)  Training.--The department shall semiannually in each

region provide for joint training for personal care providers

and personal care home surveyors to be conducted at the same

time, place and by the same instructor that shall:

(1)  Outline the ten most frequently issued citations in

this Commonwealth during the previous calendar year.

(2)  Substantively analyze at least one of the ten most

frequently issued citations in this Commonwealth during the

previous year and how to avoid, correct or remediate the

conditions that would result in the citation.

(3)  Review any regulation, regulatory guideline,

licensing measurement instrument, interpretation, program

letter, memorandum or any other material that could be used

as a reference by personal care home surveyors during the

survey process that has been published since the most recent

joint training session in each region or has been approved to

be published within the next six months.

(b)  Consultation.--The department shall consult with

personal care providers and experts in long-term care to design

the curriculum for each joint training session.

Section 503.  Assisted living joint provider-surveyor program.

(a)  Training.--The department shall semiannually in each

region provide for joint training for assisted living service

providers and assisted living residence surveyors to be

conducted at the same time, place and by the same instructor

that shall:

(1)  Outline the ten most frequently issued citations in

this Commonwealth during the previous calendar year.

(2)  Substantively analyze at least one of the ten most

frequently issued citations in this Commonwealth during the

previous year and how to avoid, correct or remediate the

conditions that would result in the citation.

(3)  Review any regulation, regulatory guideline,

licensing measurement instrument, interpretation, program

letter, memorandum or any other material that could be used

as a reference by assisted living residence surveyors during

the survey process that has been published since the most

recent joint training session in each region or has been

approved to be published within the next six months.

(b)  Consultation.--The department shall consult with

assisted living service providers and experts in long-term care

to design the curriculum for each joint training session.

Section 504.  Continuing education credit application.

Joint training sessions provided by the department shall be

approved by the Department of State and its respective licensing

boards and, when necessary, the Department of Public Welfare,

for application toward continuing education requirements for

professionals and clinicians in long-term care, including, but

not limited to, nursing home administrators, assisted living

residence administrators, personal care home administrators,

registered nurses and other direct care workers.

Section 505.  Report by department.

The department shall submit an annual report no later than

February 1 of each year to the Governor and the General Assembly

that summarizes the personal care home joint training and

continuing education program and the assisted living residence

joint training and continuing education program under this

chapter for the prior calendar year.

CHAPTER 7

MISCELLANEOUS PROVISIONS

Section 701.  Effective date.

This act shall take effect in 60 days.