See other bills
under the
same topic
                                                       PRINTER'S NO. 238



No. 196 Session of 2007

           STOUT, MUSTO AND FERLO, MARCH 7, 2007


                                     AN ACT

     1  Amending the act of July 19, 1979 (P.L.130, No.48), entitled "An
     2     act relating to health care; prescribing the powers and
     3     duties of the Department of Health; establishing and
     4     providing the powers and duties of the State Health
     5     Coordinating Council, health systems agencies and Health Care
     6     Policy Board in the Department of Health, and State Health
     7     Facility Hearing Board in the Department of Justice;
     8     providing for certification of need of health care providers
     9     and prescribing penalties," further providing for term and
    10     content of licenses.

    11     The General Assembly of the Commonwealth of Pennsylvania
    12  hereby enacts as follows:
    13     Section 1.  Section 809 of the act of July 19, 1979 (P.L.130,
    14  No.48), known as the Health Care Facilities Act, amended
    15  December 18, 1992 (P.L.1602, No.179), is amended to read:
    16  Section 809.  Term and content of license.
    17     (a)  Contents.--All licenses issued by the department under
    18  this chapter shall:
    19         (1)  be issued for a specified length of time as follows,
    20     including the provision of section 804(b):
    21             (i)  all health care facilities other than hospitals

     1         for a period of one year, and for hospitals for a period
     2         of two years with the expiration date to be the last day
     3         of the month in which license is issued;
     4             (ii)  provisional licenses for the length of time to
     5         be determined by the department upon issuance of the
     6         provisional license;
     7         (2)  be on a form prescribed by the department;
     8         (3)  not be transferable except upon prior written
     9     approval of the department;
    10         (4)  be issued only to the health care provider and for
    11     the health care facility or facilities named in the
    12     application;
    13         (5)  specify the maximum number of beds, if any, to be
    14     used for the care of patients in the facility at any one
    15     time; and
    16         (6)  specify limitations which have been placed on the
    17     facility.
    18     (b)  Posting.--The license shall at all times be posted in a
    19  conspicuous place on the provider's premises.
    20     (c)  Visitation.--Whenever practicable, the department shall
    21  [make]:
    22         (1)  Conduct its visitations and other reviews necessary
    23     for licensure contemporaneously with similar visitations and
    24     other reviews necessary for provider certification in the
    25     Medicare and medical assistance programs and the department
    26     shall endeavor to avoid duplication of effort by the
    27     department and providers in the certificate of need, medical
    28     assistance and Medicare provider certification and licensure
    29     procedures. This shall not preclude the department from
    30     unannounced visits.
    20070S0196B0238                  - 2 -     

     1         (2)  Prepare and maintain an inspection report for every
     2     long-term care nursing facility visited. The inspection
     3     report shall contain:
     4             (i)  the date the inspection was completed;
     5             (ii)  the number, nature and scope of violations
     6         found, if any;
     7             (iii)  the nature of the sanctions assessed against
     8         the long-term care nursing facility, if any;
     9             (iv)  the date(s) the long-term care nursing facility
    10         is to be brought into compliance with the law or
    11         regulation; and
    12             (v)  any other information the department deems
    13         pertinent.
    14     (d)  Use of beds in excess of maximum.--Except in case of
    15  extreme emergency, no license shall permit the use of beds for
    16  inpatient use in the licensed facility in excess of the maximum
    17  number set forth in the license without first obtaining written
    18  permission from the department: Provided, That during the period
    19  of a license, a health care facility may without the prior
    20  approval of the department increase the total number of beds by
    21  not more than ten beds or 10% of the total bed capacity,
    22  whichever is less.
    23     (e)  Publication of annual inspection reports.--In accordance
    24  with 45 Pa.C.S. Ch. 3 (relating to legal advertising), the
    25  department shall, within 30 days of completion of each long-term
    26  care nursing facility inspection, publish in a newspaper of
    27  general circulation within the county where the long-term care
    28  nursing facility is located a summary of the inspection report
    29  completed under subsection (c). The inspection report summary
    30  shall list the name, address, telephone number and county where
    20070S0196B0238                  - 3 -     

     1  the long-term care nursing facility is located.
     2     Section 2.  This act shall take effect immediately.

    L12L35JS/20070S0196B0238         - 4 -