PRINTER'S NO.  551

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

574

Session of

2011

  

  

INTRODUCED BY BAKER, STERN, CUTLER, J. TAYLOR, TURZAI, AUMENT, BOYD, CALTAGIRONE, CAUSER, CREIGHTON, GOODMAN, GRELL, GROVE, HARHART, HARPER, HICKERNELL, HORNAMAN, KAUFFMAN, LONGIETTI, MARSHALL, MARSICO, METCALFE, MICOZZIE, MILLARD, OBERLANDER, PERRY, PICKETT, READSHAW, REED, ROAE, SAINATO, SAYLOR, SCHRODER, K. SMITH, TALLMAN, TOEPEL, VULAKOVICH, WATSON, MILLER, KRIEGER AND HUTCHINSON, FEBRUARY 9, 2011

  

  

REFERRED TO COMMITTEE ON HEALTH, FEBRUARY 9, 2011  

  

  

  

AN ACT

  

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Amending the act of July 19, 1979 (P.L.130, No.48), entitled "An

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act relating to health care; prescribing the powers and

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duties of the Department of Health; establishing and

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providing the powers and duties of the State Health

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Coordinating Council, health systems agencies and Health Care

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Policy Board in the Department of Health, and State Health

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Facility Hearing Board in the Department of Justice;

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providing for certification of need of health care providers

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and prescribing penalties," further providing for

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definitions, licensure, fees and issuance of license.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  The definition of "health care facility" in

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section 802.1 of the act of July 19, 1979 (P.L.130, No.48),

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known as the Health Care Facilities Act, is amended and the

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section is amended by adding a definition to read:

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Section 802.1.  Definitions.

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The following words and phrases when used in this chapter

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shall have, unless the context clearly indicates otherwise, the

 


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meanings given them in this section:

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"Abortion facility."  Any public or private hospital, clinic,

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center, medical school, medical training institution,

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physician's office, infirmary, dispensary or other institution

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which provides services meant to terminate the clinically

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diagnosable pregnancy of a woman with knowledge that the

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termination by those means will, with reasonable likelihood,

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cause the death of the unborn child.

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* * *

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"Health care facility."  For purposes of Chapter 8, a health

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care facility includes, but is not limited to, a general,

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chronic disease or other type of hospital, a home health care

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agency, a home care agency, a hospice, a long-term care nursing

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facility, cancer treatment centers using radiation therapy on an

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ambulatory basis, an ambulatory surgical facility, an abortion

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facility, a birth center regardless of whether such health care

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facility is operated for profit, nonprofit or by an agency of

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the Commonwealth or local government. The department shall have

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the authority to license other health care facilities as may be

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necessary due to emergence of new modes of health care. When the

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department so finds, it shall publish its intention to license a

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particular type of health care facility in the Pennsylvania

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Bulletin in accordance with the act of  June 25, 1982 (P.L.633,

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No.181), known as the "Regulatory Review Act." The term health

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care facility shall not include an office used primarily for the

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private practice of a health care practitioner, nor a program

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which renders treatment or care for drug or alcohol abuse or

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dependence unless located within a health facility, nor a

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facility providing treatment solely on the basis of prayer or

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spiritual means. The term health care facility shall not apply

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to a facility which is conducted by a religious organization for

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the purpose of providing health care services exclusively to

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clergymen or other persons in a religious profession who are

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members of a religious denomination.

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* * *

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Section 2.  Section 806 of the act is amended by adding a

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subsection to read:

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Section 806.  Licensure.

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* * *

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(h)  Abortion facilities.--The department shall apply the

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same fire and safety standards; personnel and equipment

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requirements; and quality assurance procedures to abortion

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facilities that are presently applied to comprehensive

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freestanding ambulatory surgical facilities.

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Section 3.  Sections 807(b) and 808(a) of the act are amended

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to read:

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Section 807.  Application for license.

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* * *

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(b)  Fees.--Application for a license or for renewal of a

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license shall be accompanied by the following fees:

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(1)  Regular or special license:

  

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Home health agency

$250.00

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Home care agency or home care

registry

  

100.00

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Ambulatory surgical facility

250.00

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Abortion facility

250.00

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Birth center

70.00

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Long-term care nursing facility

250.00

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Plus per each long-term care

bed in excess of 75 beds

  

2.00

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Hospital

  

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Every two years

500.00

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Plus per each inpatient bed

every two years

  

4.00

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Other health care facility

100.00

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(2)  Provisional license all facilities:

  

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Provisional I

$400.00

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Plus per each inpatient bed

4.00

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Provisional II

600.00

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Plus per each inpatient bed

6.00

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Provisional III

800.00

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Plus per each inpatient bed

8.00

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Provisional IV

1,000.00

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Plus per each inpatient bed

10.00

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* * *

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Section 808.  Issuance of license.

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(a)  Standards.--The department shall issue a license to a

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health care provider when it is satisfied that the following

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standards have been met:

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(1)  that the health care provider is a responsible

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person;

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(2)  that the place to be used as a health care facility

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is adequately constructed, equipped, maintained and operated

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to safely and efficiently render the services offered;

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(3)  that the health care facility provides safe and

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efficient services which are adequate for the care, treatment

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and comfort of the patients or residents of such facility;

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(4)  that there is substantial compliance with the rules

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and regulations adopted by the department pursuant to this

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act; [and]

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(5)  that a certificate of need has been issued if one is

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necessary[.]; and

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(6)  that, in the case of abortion facilities, such

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facility is in compliance with the requirements of 18 Pa.C.S.

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Ch. 32 (relating to abortion) and such regulations

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promulgated thereunder.

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* * *

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Section 4.  This act shall take effect in 60 days.

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