PRIOR PRINTER'S NO. 2822
PRINTER'S NO. 2884
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2401
Session of
2022
INTRODUCED BY WHEELAND, RYAN, HENNESSEY, KEEFER, PICKETT,
KAUFFMAN, M. MACKENZIE, GUENST, SAYLOR, STRUZZI, BROOKS,
BERNSTINE, GROVE, MAJOR AND JAMES, MARCH 16, 2022
AS REPORTED FROM COMMITTEE ON HEALTH, HOUSE OF REPRESENTATIVES,
AS AMENDED, MARCH 29, 2022
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, further providing for licensure.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 806(d) of the act of July 19, 1979
(P.L.130, No.48), known as the Health Care Facilities Act, is
amended to read:
Section 806. Licensure.
* * *
(d) Home health care agency regulations.--
(1) In developing rules and regulations for licensure of
home health care agencies the department shall take into
consideration the standards of national accreditation
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organizations as the department may find appropriate.
(2) Home health care services may be ordered by nurse
practitioners and physician assistants as provided under
sections 1814(a) and 1835(a) of the Social Security Act (49
Stat. 620, 42 U.S.C. § 1395 et seq.), if the nurse
practitioner's or physician assistant's collaborating or
supervising physician is identified in the patient's written
plan of treatment. UPON RECEIPT OF THE NECESSARY FEDERAL
WAIVERS OR APPROVALS FOR MEDICAL ASSISTANCE PROGRAMS UNDER
PARAGRAPH (3), HOME HEALTH CARE SERVICES FOR INDIVIDUALS
ELIGIBLE FOR MEDICAL ASSISTANCE MAY ALSO BE ORDERED BY NURSE
PRACTITIONERS AND PHYSICIAN ASSISTANTS IF THE NURSE
PRACTITIONER'S OR PHYSICIAN ASSISTANT'S COLLABORATING OR
SUPERVISING PHYSICIAN IS IDENTIFIED IN THE PATIENT'S WRITTEN
PLAN OF TREATMENT.
(3) THE DEPARTMENT OF HUMAN SERVICES SHALL SUBMIT A
REQUEST FOR FEDERAL WAIVERS OR APPROVALS FOR MEDICAL
ASSISTANCE PROGRAMS TO THE FEDERAL GOVERNMENT AS NECESSARY TO
IMPLEMENT PARAGRAPH (2) AND TO ENSURE COMPLIANCE WITH FEDERAL
LAW.
(3) (4) Within 30 days of issuance, an order of home
health care services must be signed and dated by a physician,
nurse practitioner or physician assistant.
(4) The supervision of home health aides shall follow
Federal regulation under 42 CFR 484.80(h) (relating to
condition of participation: home health aide services).
(5) (5) THE DEPARTMENT SHALL COMPLY WITH 42 CFR
484.80(H) (RELATING TO CONDITION OF PARTICIPATION: HOME
HEALTH AIDE SERVICES) FOR THE PURPOSES OF THIS SUBSECTION.
(6) Home health care agencies certified as providers by
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the department to the Federal Government for purposes of the
Medicare program shall be deemed to comply with and satisfy
the department's regulations governing home health care
agencies.
* * *
Section 2. The provisions of 28 Pa. Code § 601.31(a) 601.31
are abrogated insofar as they are inconsistent with the
amendment of section 806(d) of the act.
Section 3. This act shall take effect immediately.
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