THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

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, HUTCHINSON, MYERS, RAPP, DENLINGER, KORTZ, CLYMER, GEIST, GILLEN, HENNESSEY, MOUL, ADOLPH, ROCK, GIBBONS, KILLION, YOUNGBLOOD, COX, BENNINGHOFF, SWANGER, STEVENSON, BROOKS, DeLUCA, KNOWLES, DAVIDSON, LAWRENCE AND EVERETT, FEBRUARY 9, 2011

AS REPORTED FROM COMMITTEE ON HEALTH, HOUSE OF REPRESENTATIVES, AS AMENDED, APRIL 11, 2011   

AN ACT

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," further providing for

definitions, licensure, fees and issuance of license; and

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making an inconsistent repeal.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

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

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

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

section is amended by adding a definition 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:

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

center, medical school, medical training institution,

physician's office, infirmary, dispensary or other institution

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which provides surgical services meant to terminate the

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clinically diagnosable pregnancy of a woman with knowledge that

the termination by those means will, with reasonable likelihood,

cause the death of the unborn child.

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

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

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

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

facility, cancer treatment centers using radiation therapy on an

ambulatory basis, an ambulatory surgical facility, an abortion

facility, a birth center regardless of whether such health care

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

the Commonwealth or local government. The department shall have

the authority to license other health care facilities as may be

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

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

particular type of health care facility in the Pennsylvania

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

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

care facility shall not include an office used primarily for the

private practice of a health care practitioner, nor a program

which renders treatment or care for drug or alcohol abuse or

dependence unless located within a health facility, nor a

facility providing treatment solely on the basis of prayer or

spiritual means. The term health care facility shall not apply

to a facility which is conducted by a religious organization for

the purpose of providing health care services exclusively to

clergymen or other persons in a religious profession who are

members of a religious denomination.

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

subsection to read:

Section 806.  Licensure.

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

same fire and safety standards; personnel and equipment

requirements; and quality assurance procedures to abortion

facilities that are presently applied to comprehensive

freestanding ambulatory surgical facilities.

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

to read:

Section 807.  Application for license.

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

license shall be accompanied by the following fees:

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Section 808.  Issuance of license.

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

health care provider when it is satisfied that the following

standards have been met:

(1)  that the health care provider is a responsible

person;

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

is adequately constructed, equipped, maintained and operated

to safely and efficiently render the services offered;

(3)  that the health care facility provides safe and

efficient services which are adequate for the care, treatment

and comfort of the patients or residents of such facility;

(4)  that there is substantial compliance with the rules

and regulations adopted by the department pursuant to this

act; [and]

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

necessary[.]; and

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

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

Ch. 32 (relating to abortion) and such regulations

promulgated thereunder.

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Section 4.  The definition of "abortion facility" in section

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302 of the act of March 20, 2002 (P.L.154, No.13), known as the

Medical Care Availability and Reduction of Error (Mcare) Act, is

repealed to the extent that it excludes abortion facilities

which are not subject to licensure under the act.

Section 4 5.  This act shall take effect in 60 days.

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