THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY STABACK, BELFANTI, BOBACK, FABRIZIO, FREEMAN, GEORGE, GRUCELA, HORNAMAN, JOSEPHS, KORTZ, KOTIK, KULA, McGEEHAN, MUNDY, M. O'BRIEN, PASHINSKI, READSHAW, SEIP, SIPTROTH, K. SMITH, WALKO, WANSACZ, WATSON, YOUNGBLOOD, YUDICHAK AND MOUL, FEBRUARY 10, 2009
REFERRED TO COMMITTEE ON AGING AND OLDER ADULT SERVICES, FEBRUARY 10, 2009
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 definitions; and providing
for complaint investigations.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 802.1 of the act of July 19, 1979 (P.L.
130, No.48), known as the Health Care Facilities Act, is amended
by adding definitions to read:
Section 802.1. Definitions.
The following words and phrases when used in this chapter
shall have, unless the context clearly indicates otherwise, the
meanings given them in this section:
* * *
"General complaint." A complaint that does not allege
* * *
"Immediate jeopardy." A situation in which a long-term care
nursing facility's noncompliance with one or more requirements
of participation has caused or is likely to cause serious
injury, harm, impairment or death to a resident.
* * *
"Priority complaint." A complaint that alleges immediate
Section 2. The act is amended by adding a section to read:
Section 813.1. Complaint investigations.
(a) Initial inspection.--The department shall initiate
investigations of complaints at long-term care nursing
facilities as follows:
(1) If the complaint is a priority complaint, the onsite
inspection shall be initiated within 24 hours of the receipt
of the complaint.
(2) If the complaint is a general complaint, the
inspection shall be initiated or a surveyor shall be assigned
to initiate an inspection within 48 hours of the receipt of
the complaint. The department shall have the discretion to
conduct an onsite inspection depending upon the severity of
(b) Follow-up inspection.--Once the plan of correction
submitted in accordance with section 814 has been approved by
the department, the follow-up inspection shall be conducted
after the longest target date for compliance has been reached as
noted on the plan of correction but no later than 90 days after
the department's initial inspection to ensure compliance with
the plan of correction.
Section 3. This act shall take effect in 60 days.