THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY VANCE, MENSCH, ERICKSON, KITCHEN, FONTANA, TARTAGLIONE, ORIE, BOSCOLA, BROWNE, RAFFERTY, FOLMER, LEACH, WAUGH AND FERLO, FEBRUARY 24, 2011

REFERRED TO PUBLIC HEALTH AND WELFARE, FEBRUARY 24, 2011  

AN ACT

Requiring public notices relating to certain matters affecting

long-term care facilities; providing for compliance and

enforcement; requiring the Department of Health to make

inspection information available to the public; requiring

long-term care facilities to transmit certain information to

resident's representative; and imposing penalties.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

This act shall be known and may be cited as the Long-Term

Care Consumer Protection Act.

Section 2.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Applicable department."  The department which is responsible

for licensing, registering or certifying the facility in

question.

"Enforcement action."  Any of the following:

(1)  Suspension of license.

(2)  Revocation of license.

(3)  Refusal to renew license.

(4)  Limitation of license as to operation of a portion

of the facility or to the services which may be provided at

the facility.

(5)  Issuance of a provisional license.

(6)  Limitation or suspension of admissions to the

facility.

(7)  Civil monetary penalty as prescribed by section 9 or

as provided in a statute or regulation governing licensing,

registration or certification of the facility in question.

"Facility."  Any of the following:

(1)  A facility providing domiciliary care as defined in

section 2202-A of the act of April 9, 1929 (P.L.177, No.175),

known as The Administrative Code of 1929.

(2)  A hospice as defined in section 802.1 of the act of

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

Facilities Act.

(3)  A long-term care nursing facility as defined in

section 802.1 of the act of July 19, 1979 (P.L.130, No.48),

known as the Health Care Facilities Act.

(4)  An older adult daily living center as defined in

section 2 of the act of July 11, 1990 (P.L.499, No.118),

known as the Older Adult Daily Living Centers Licensing Act.

(5)  A personal care home as defined in section 1001 of

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

Welfare Code.

(6)  A facility providing continuing care as defined in

section 3 of the act of June 18, 1984 (P.L.391, No.82), known

as the Continuing-Care Provider Registration and Disclosure

Act.

"Representative."  An individual responsible for making

decisions on behalf of a resident as designated by the resident

or an individual authorized by law to take certain action on

behalf of a resident. The term includes legal counsel, a court-

appointed guardian, an attorney-in-fact under a durable power of

attorney, an agent under a health care proxy, a representative

payee or any other individual authorized by statute or

regulation.

"Resident."  An individual who receives services at or from a

facility.

Section 3.  Facility requirements for certain information.

(a)  Public display.--A facility shall display all of the

following in a public and conspicuous location where they may

easily be observed and read:

(1)  The license permitting operation of the facility.

(2)  All reports of inspections issued during the

preceding 12 months.

(3)  Notices of any enforcement actions currently being

undertaken against the facility.

(b)  Records.--A facility shall maintain for each resident,

where applicable, a current record of the name, address and

telephone number of the resident's representative or

representatives which shall be provided upon request to the

applicable department.

Section 4.  Notice to persons receiving services.

(a)  General rule.--Whenever a facility receives from the

applicable department a notice of enforcement action, the notice

shall also be transmitted by the facility to the representative

for each resident of the facility within ten days.

(b)  Contents of notice.--The notice shall include the

applicable department's Internet website, telephone number and,

where applicable, indicate where additional information

regarding the action may be found.

Section 5.  Notice on premises.

(a)  Duty to post.--No later than 24 hours after a facility

receives notification from the applicable department of an

enforcement action, the facility shall post the notification on

each entrance to the physical location of the facility. 

(b)  Time period for posting.--

(1)  The public notice shall remain posted until such

time as the action taken by the applicable department has

been resolved.

(2)  If an appeal of the applicable department's action

is filed, the notice shall remain posted until all issues on

appeal are determined finally.

Section 6.  Confirmation to department.

A facility shall notify the applicable department immediately

upon meeting the requirements of sections 3, 4 and 5.

Section 7.  Consumer information.

With respect to a "health care facility," as that term is

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

the Health Care Facilities Act, the Department of Health shall

make the results of any surveys or licensing inspections and any

resulting enforcement action, statements of deficiencies or

plans of correction available to the public through an Internet

website or similar mechanism.

Section 8.  Regulations.

Within six months of the effective date of this section, the

Department of Health shall inform all facilities and the general

public of policies and procedures necessary to administer this

act.

Section 9.  Penalties; appeal.

(a)  Civil penalty.--The applicable department shall have

authority to assess a civil penalty of $1,000 per day for each

violation of this act.

(b)  Appeal--Any person aggrieved by an enforcement action

shall have the right to appeal pursuant to 42 Pa.C.S. (relating

to judiciary and judicial procedure).

Section 10.  Repeals.

All acts and parts of acts are repealed insofar as they are

inconsistent with this act.

Section 11.  Effective date.

This act shall take effect in 60 days.