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                                                       PRINTER'S NO. 239



No. 197 Session of 2007

           STOUT, MUSTO AND FERLO, MARCH 7, 2007


                                     AN ACT

     1  Providing for nursing home performance information; and
     2     requiring nursing homes to maintain inspection reports and to
     3     distribute reports to patients or designees.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6  Section 1.  Short title.
     7     This act shall be known and may be cited as the Nursing Home
     8  Performance Information Act.
     9  Section 2.  Definitions.
    10     The following words and phrases when used in this act shall
    11  have the meanings given to them in this section unless the
    12  context clearly indicates otherwise:
    13     "Area agency on aging."  An agency designated by the
    14  Department of Aging in accordance with the Older Americans Act
    15  of 1965 (Public Law 89-73, 42 U.S.C. § 3001 et seq.) and Article
    16  XXII-A of the act of April 9, 1929 (P.L.177, No.175), known as
    17  The Administrative Code of 1929, to plan and provide a
    18  comprehensive and coordinated system of services for older

     1  adults and to serve as the advocate for older persons in the
     2  community.
     3     "Consumer guide on nursing home performance."  The consumer
     4  guide required to be published by the Department of Health under
     5  the provisions of this act.
     6     "Department."  The Department of Health of the Commonwealth.
     7     "Nursing home."  Any long-term care nursing facility as
     8  defined in section 802.1 of the act of July 19, 1979 (P.L.130,
     9  No.48), known as the Health Care Facilities Act.
    10     "Secretary."  The Secretary of Health of the Commonwealth.
    11  Section 3.  Consumer guide on nursing home performance.
    12     (a)  Publication.--The department shall publish in electronic
    13  and paper media on an annual basis a consumer guide on nursing
    14  home performance. The department's initial guide shall contain
    15  information from calendar year 2004 and shall be published
    16  within 60 days of the effective date of this section. The second
    17  consumer guide shall contain information from calendar year 2004
    18  and calendar year 2005. The third consumer guide shall contain
    19  information from calendar year 2004, calendar year 2005 and
    20  calendar year 2006. All subsequent consumer guides shall contain
    21  information from the last three calendar years. These guides
    22  shall hereafter be published no later than January 31 of the
    23  year following the year covered in the guides.
    24     (b)  Contents.--The consumer guide on nursing home
    25  performance shall contain the following information for the
    26  three most recent calendar years for each nursing home licensed
    27  and operating within this Commonwealth:
    28         (1)  The name, address, county and telephone number of
    29     the nursing home.
    30         (2)  The number of licensed beds and the occupancy rate
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     1     of the nursing home.
     2         (3)  Ownership of the nursing home.
     3         (4)  Current license status.
     4         (5)  A numerical breakdown of the number of deficiencies
     5     pertaining to:
     6             (i)  Resident rights.
     7             (ii)  Resident behavior and facility practices.
     8             (iii)  Quality of life.
     9             (iv)  Resident assessment.
    10             (v)  Quality of care.
    11             (vi)  Nursing services.
    12             (vii)  Dietary services.
    13             (viii)  Physician services.
    14             (ix)  Specialized rehabilitative services.
    15             (x)  Pharmacy services.
    16             (xi)  Infection control.
    17             (xii)  Physical environment.
    18             (xiii)  Administration.
    19         (6)  The total number of deficiencies in each of the
    20     three years.
    21         (7)  A summary of deficiencies according to severity
    22     level in each of the three years.
    23         (8)  A listing of any sanctions or remedies imposed
    24     against the nursing home in the period covered. This listing
    25     shall include, but not be limited to, any plan of correction
    26     implemented, provisional license issued, temporary management
    27     appointed, suspension or ban on admissions, civil penalties,
    28     or any other remedy or sanction imposed, and their effective
    29     dates.
    30  Section 4.  Categorization of deficiencies.
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     1     (a)  Categorization and reporting.--For purposes of this act,
     2  the department shall use the criteria set forth in 42 CFR Pt.
     3  483 Subpt. B (relating to requirements for long term care
     4  facilities) in categorizing and reporting a nursing home's
     5  deficiencies under section 3(b)(5).
     6     (b)  Severity level.--For purposes of this act, the
     7  department shall use the criteria set forth in 42 CFR
     8  488.404(b)(1) (relating to factors to be considered in selecting
     9  remedies) when determining the severity level of a nursing
    10  home's deficiencies under section 3(b)(7).
    11  Section 5.  Nursing home to maintain inspection reports.
    12     Each licensed nursing home shall keep on file all inspection
    13  reports completed by the department during the period covered in
    14  the most recent consumer guide. The nursing home shall allow
    15  public inspection of these reports upon request.
    16  Section 6.  Administration.
    17     (a)  File copy.--A copy of the consumer guide on nursing home
    18  performance shall be kept on file in the main office of the
    19  department. The secretary shall also provide each local area
    20  agency on aging within this Commonwealth a copy of the
    21  information compiled for section 3(b) for each licensed nursing
    22  home within the local area agency on aging's service area.
    23     (b)  Copies to residents or designees.--All nursing homes
    24  licensed by the department shall provide a copy of the nursing
    25  home's most recent information published in the consumer guide
    26  on nursing home performance to each nursing home resident or his
    27  or her designated guardian on an annual basis. The nursing home
    28  shall also provide a copy of the nursing home's most recent
    29  information published in the consumer guide on nursing home
    30  performance to any individual, or their immediate family or
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     1  guardian, considering residency in the nursing home.
     2     (c)  Posting.--All nursing homes within this Commonwealth
     3  shall post in a conspicuous public place and in a manner clearly
     4  visible to the resident and visitor notice of the existence of
     5  the guide and information advising that State law requires that
     6  individuals receive a copy of the nursing home's information
     7  either annually or when considering residency in the nursing
     8  home.
     9  Section 7.  Form of consumer guide on nursing home performance.
    10     The consumer guide on nursing home performance established
    11  under section 3 shall be substantially in the following form:
    12                    Commonwealth of Pennsylvania
    13             Consumer Guide on Nursing Home Performance
    14         Name of Nursing Home
    15         Address
    16         County
    17         Telephone Number
    18         Ownership
    19         Number of Beds
    20         Occupancy Rate
    21         Current License Status
    22                      SUMMARY OF DEFICIENCIES
    23                 (Number of deficiencies per year)
    24               Performance Categories       Year      Year    Year
    25         Resident Rights
    26         Resident Behavior and Facility
    27             Practices
    28         Quality of Life
    29         Resident Assessment
    30         Quality of Care
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     1         Nursing Services
     2         Dietary Services
     3         Physician Services
     4         Specialized Rehabilitative
     5             Services
     6         Pharmacy Services
     7         Infection Control
     8         Physical Environment
     9         Administration
    10               Total Number of Deficiencies:
    11           Summary of Deficiencies by Severity Level
    12     Classification of Severity Levels      Year      Year     Year
    13     Level 1 - No negative impact on
    14                residents
    15     Level 2 - Potential for negative
    16                impact on residents
    17     Level 3 - Actual negative impact on
    18                residents
    19     Level 4 - Immediate jeopardy to
    20                residents
    21           History of Sanctions or Remedies Imposed
    22     Type of Sanction or Remedy             Effective Dates
    23  Section 8.  Effective date.
    24     This act shall take effect immediately.

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