Regular Session 2019-2020 House Bill 0309 P.N. 3133

PRIOR PRINTER'S NO. 289

PRINTER'S NO. 3133

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

309

Session of

2019

INTRODUCED BY MEHAFFIE, SOLOMON, A. DAVIS, LONGIETTI,

SCHLOSSBERG, MILLARD, MURT, RABB, BERNSTINE, FREEMAN, HILL-

EVANS, CIRESI, NEILSON, OTTEN, KORTZ, HOHENSTEIN, BOYLE AND

MALAGARI, FEBRUARY 1, 2019

AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,

JANUARY 14, 2020

AN ACT

Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An

act to consolidate, editorially revise, and codify the public

welfare laws of the Commonwealth," in departmental powers and

duties as to supervision, providing for Keystone STARS

Program participants; and, in departmental powers and duties

as to licensing, further providing for fees, providing for

Keystone STARS Program participants and further providing for

definition.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The act of June 13, 1967 (P.L.31, No.21), known

as the Human Services Code, is amended by adding a section to

read:

Section 923. Keystone STARS Program Participants.--(a) Each

child care provider enrolled in the Keystone STARS Program

shall:

(1) conspicuously denote on its publicly accessible Internet

website, if operational, its designated STAR-level rating,

which shall include how many STARS out of four that the child

care provider has received;

(2) provide its STAR-level rating in writing to families at

the time of application and enrollment; and

(3) obtain a department-issued placard that denotes the

child care provider's participation in the Keystone STARS

Program and designated STAR-level rating.

(b) The department shall be responsible for issuing placards

to program participants. The department shall also be

responsible for designing placards in conformance with the

following:

(1) The placards shall be clear, visible and readable by the

general public.

(2) In addition to any guidelines issued by the department

regarding the form of the placards, placards shall include the

following information:

(i) The name of the recipient child care provider.

(ii) The name of the department.

(iii) The date the department issued the placard.

(iv) The number of STARS out of four that the child care

provider has received.

(v) The address, phone number, publicly accessible Internet

website and e-mail address of the department.

(vi) The web address for the publicly accessible Internet

website of the department that provides information and

resources related to the Keystone STARS Program.

or adjacent to the entrance of the child care provider or, if no

public-facing window exists, at the entrance of the child care

provider.

(d) The department shall ensure on an annual basis that the

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placard is posted and accurate.

(e) A child care provider that fails to publicly display its

designated STAR-level rating or alters a department-issued

placard in an attempt to misrepresent its STAR-level rating may

be cited for noncompliance by the department and may be subject

to a one STAR-level rating for two years. SHALL FOR A FIRST

CITATION FOR NONCOMPLIANCE RECEIVE A WRITTEN WARNING FROM THE

DEPARTMENT. THE FOLLOWING SHALL APPLY:

(1) AFTER CITATION FOR A FIRST VIOLATION, THE DEPARTMENT

SHALL RETURN IN SIX MONTHS TO ENSURE COMPLIANCE. IF THE CHILD

CARE PROVIDER REMAINS NONCOMPLIANT, THE CHILD CARE PROVIDER

SHALL LOSE ONE STAR IN ITS STAR-LEVEL RATING.

(2) IF A CHILD CARE PROVIDER WAS NONCOMPLIANT UNDER CLAUSE

(1), THE DEPARTMENT SHALL RETURN AGAIN IN SIX MONTHS TO ENSURE

COMPLIANCE. IF THE CHILD CARE PROVIDER REMAINS NONCOMPLIANT, THE

CHILD CARE PROVIDER SHALL BE SUBJECT TO A ONE STAR-RATING FOR

ONE YEAR OR UNTIL IT BECOMES COMPLIANT.

Section 2. Section 1006 of the act is amended to read:

Section 1006. Fees.--Annual licenses shall be issued when

the proper fee, if required, is received by the department and

all the other conditions prescribed in this act are met. For

personal care homes, the fee shall be an application fee. The

fees shall be:

Facility Annual Fee

Adult day care center $ 15

Mental health establishment 50

Personal care home-- 0 - 20 beds 15

-- 21 - 50 beds 20

-- 51 - 100 beds 30

--101 beds and above 50

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No fee shall be required for the annual license in the case of

[day] child care centers, family child care homes, boarding

homes for children or for public or nonprofit mental

institutions.

Section 3. The act is amended by adding a section to read:

Section 1019. Keystone STARS Program Participants.--(a)

Each child care center and f amily child care home enrolled in

the Keystone STARS Program shall:

(1) conspicuously denote on its publicly accessible Internet

website, if operational, its designated STAR-level rating,

which shall include how many STARS out of four that the child

care center or f amily child care home has received;

(2) provide its STAR-level rating in writing to families at

the time of application and enrollment; and

(3) obtain a department-issued placard that denotes the

child care center's or f amily child care home's participation in

the Keystone STARS Program and designated STAR-level rating.

(b) The department shall be responsible for issuing placards

to program participants. The department shall also be

responsible for designing placards in conformance with the

following:

(1) The placards shall be clear, visible and readable by the

general public.

(2) In addition to any guidelines issued by the department

regarding the form of the placards, placards shall include the

following information:

(i) The name of the recipient child care center or f amily

child care home .

(ii) The name of the department.

(iii) The date the department issued the placard.

20190HB0309PN3133 - 4 -

(iv) The number of STARS out of four that the child care

center or f amily child care home has received.

(v) The address, phone number, publicly accessible Internet

website and e-mail address of the department.

(vi) The web address for the publicly accessible Internet

website of the department that provides information and

resources related to the Keystone STARS Program.

or adjacent to the entrance of the child care center or f amily

child care home or, if no public-facing window exists, at the

entrance of the child care center or f amily child care home .

(d) The department shall ensure on an annual basis that the

placard is posted and accurate.

(e) A child care center or family child care home that fails

to publicly display its designated STAR-level rating or alters a

department-issued placard in an attempt to misrepresent its

STAR-level rating may be cited for noncompliance by the

department and may be subject to a one STAR-level rating for two

years. SHALL FOR A FIRST CITATION FOR NONCOMPLIANCE RECEIVE A

WRITTEN WARNING FROM THE DEPARTMENT. THE FOLLOWING SHALL APPLY:

(1) AFTER CITATION FOR A FIRST VIOLATION, THE DEPARTMENT

SHALL RETURN IN SIX MONTHS TO ENSURE COMPLIANCE. IF THE CHILD

CARE CENTER OR FAMILY CHILD CARE HOME REMAINS NONCOMPLIANT, THE

CHILD CARE CENTER OR FAMILY CHILD CARE HOME SHALL LOSE ONE STAR

IN ITS STAR-LEVEL RATING.

(2) IF A CHILD CARE CENTER OR FAMILY CHILD CARE HOME WAS

NONCOMPLIANT UNDER CLAUSE (1), THE DEPARTMENT SHALL RETURN AGAIN

IN SIX MONTHS TO ENSURE COMPLIANCE. IF THE CHILD CARE CENTER OR

FAMILY CHILD CARE HOME REMAINS NONCOMPLIANT, THE CHILD CARE

CENTER OR FAMILY CHILD CARE HOME SHALL BE SUBJECT TO A ONE STAR-

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RATING FOR ONE YEAR OR UNTIL IT BECOMES COMPLIANT.

Section 4. Section 1051 of the act is amended to read:

Section 1051. Definition.--As used in this subarticle--

"Private institution" means any of the following facilities

by whatever term known and irrespective of the age group served:

Mental hospital, institution for the mentally defective, [day]

child care center, nursing home, hospital, personal care home,

assisted living residence and other similar institution which is

operated for profit and which requires a license issued by the

department.

Section 5. This act shall take effect in 180 days.

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