PRINTER'S NO. 1811
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1636
Session of
2021
INTRODUCED BY BURNS, McNEILL, N. NELSON, CIRESI, FREEMAN,
MILLARD, DeLUCA, ZIMMERMAN AND GALLOWAY, JUNE 15, 2021
REFERRED TO COMMITTEE ON HEALTH, JUNE 15, 2021
AN ACT
Amending the act of July 19, 1979 (P.L.130, No.48), entitled "An
act relating to health care; prescribing the powers and
duties of the Department of Health; establishing and
providing the powers and duties of the State Health
Coordinating Council, health systems agencies and Health Care
Policy Board in the Department of Health, and State Health
Facility Hearing Board in the Department of Justice;
providing for certification of need of health care providers
and prescribing penalties," in licensing of health care
facilities, providing for reports to coroners.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of July 19, 1979 (P.L.130, No.48), known
as the Health Care Facilities Act, is amended by adding a
section to read:
Section 822. Reports to coroners.
(a) Reporting required.--Notwithstanding section 1218-B of
the act of August 9, 1955 (P.L.323, No.130), known as "The
County Code," a long-term care nursing facility shall report
each death of a patient of the long-term care nursing facility
which occurs in the building or on the grounds of the long-term
care nursing facility to the coroner of the county in which the
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long-term care nursing facility is located regardless of the
presumed cause of death. The following shall apply:
(1) The report shall be made as soon as practicable
after the discovery of the death of the patient.
(2) The body of the patient shall not be moved from the
location where it was discovered or released to a funeral
home or crematorium prior to the authorization of the
coroner.
(b) Request for information.--The coroner may request that
the long-term care nursing facility provide information on the
deceased patient, including, but not limited to, the following:
(1) The presumed cause of death of the patient as stated
by the treating physician.
(2) All medical records of the patient.
(3) All incident reports involving the patient.
(4) Any known trauma experienced by the patient,
regardless of whether the trauma occurred before admittance
into the long-term care nursing facility.
(c) Investigation.--Upon receiving the information under
subsection (b), if the coroner believes that anything seems
unusual about the circumstances surrounding the death of the
patient, the coroner may examine the body of the patient, review
the medical records of the patient or conduct a full
investigation as provided in Article XII-B of "The County Code."
Additionally, the coroner may request reports filed with any
government agency concerning incidents or complaints involving
the deceased patient, including the name of any individual who
filed the complaint or report.
(d) Contact.--An assisted living facility or personal care
home shall collect and maintain the name and contact information
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for each patient's next of kin, which shall be updated annually,
and shall make that information available upon request of the
coroner.
(e) Procedures.--A long-term care nursing facility may
develop procedures for the reporting of deaths which are not
inconsistent with this section.
Section 2. This act shall take effect in 60 days.
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