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                                                      PRINTER'S NO. 3785

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2741 Session of 1998


        INTRODUCED BY DeLUCA, WALKO, MELIO, MANDERINO, BOSCOLA,
           READSHAW, WOJNAROSKI, TIGUE, HARHAI, MUNDY, ROSS, HALUSKA,
           LAUGHLIN, JOSEPHS, BLAUM, YOUNGBLOOD, STEELMAN, CURRY,
           STABACK, COLAIZZO, COLAFELLA, EVANS AND SEYFERT,
           JUNE 22, 1998

        REFERRED TO COMMITTEE ON LABOR RELATIONS, JUNE 22, 1998

                                     AN ACT

     1  Amending the act of December 12, 1986 (P.L.1559, No.169),
     2     entitled "An act providing protection for employees who
     3     report a violation or suspected violation of State, local or
     4     Federal law; providing protection for employees who
     5     participate in hearings, investigations, legislative
     6     inquiries or court actions; and prescribing remedies and
     7     penalties," extending the scope of the act to nursing home
     8     employees.

     9     The General Assembly of the Commonwealth of Pennsylvania
    10  hereby enacts as follows:
    11     Section 1.  The definitions of "employee," "employer" and
    12  "waste" in section 2 of the act of December 12, 1986 (P.L.1559,
    13  No.169), known as the Whistleblower Law, are amended and the
    14  section is amended by adding a definition to read:
    15  Section 2.  Definitions.
    16     The following words and phrases when used in this act shall
    17  have the meanings given to them in this section unless the
    18  context clearly indicates otherwise:
    19     * * *


     1     "Employee."  A person who performs a service for wages or
     2  other remuneration under a contract of hire, written or oral,
     3  express or implied, for a public body or a nursing home.
     4     "Employer."  A person supervising one or more employees,
     5  including the employee in question; a superior of that
     6  supervisor; or an agent of a public body or a nursing home.
     7     * * *
     8     "Nursing home."  A facility for profit or not-for-profit that
     9  provides either skilled or intermediate nursing care or both
    10  levels of such care to two or more elderly persons, who are
    11  unrelated to the licensee, for a period exceeding 24 hours.
    12     * * *
    13     "Waste."  An employer's conduct or omissions which result in
    14  substantial abuse, misuse, destruction or loss of funds or
    15  resources belonging to or derived from Commonwealth or political
    16  subdivision sources or accounts of nursing homes.
    17     * * *
    18     Section 2.  This act shall take effect in 60 days.








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