PRINTER'S NO. 2100
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1613
Session of
2019
INTRODUCED BY MULLINS, MARKOSEK, HILL-EVANS, SCHLOSSBERG,
A. DAVIS, CALTAGIRONE, KORTZ, READSHAW, KIRKLAND, FREEMAN,
CIRESI, MILLARD, DeLUCA AND McCLINTON, JUNE 11, 2019
REFERRED TO COMMITTEE ON HEALTH, JUNE 11, 2019
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," in licensing of health care
facilities, further providing for actions against violations
of law, rules and regulations.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 817(b) of the act of July 19, 1979
(P.L.130, No.48), known as the Health Care Facilities Act, is
amended by adding a paragraph to read:
Section 817. Actions against violations of law, rules and
regulations.
* * *
(b) Civil penalty.--[Any]
(1) Except as provided in paragraph (2), any person,
regardless of whether such person is a licensee, who has
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committed a violation of any of the provisions of this
chapter or of any rule or regulation issued pursuant thereto,
including failure to correct a serious licensure violation
(as defined by regulation) within the time specified in a
deficiency citation, may be assessed a civil penalty by an
order of the department of up to $500 for each deficiency for
each day that each deficiency continues. Civil penalties
shall be collected from the date the facility receives notice
of the violation until the department confirms correction of
such violation.
(2) In the case of a long-term care nursing facility,
the following civil penalties may be assessed:
(i) The civil penalty for violations resulting in
actual harm or a serious and immediate threat of harm may
not exceed the greater of:
(A) $10,000 per violation; or
(B) $5,000 per day for an ongoing pattern of
deficiencies until the long-term care skilled nursing
facility is in compliance with this act.
(ii) The civil penalty for violations with the
potential for more than minimal harm may not exceed:
(A) $10,000 per violation; or
(B) $1,000 per day for an ongoing pattern of
deficiencies until the long-term care skilled nursing
facility is in compliance with this act.
(iii) The civil penalty for nonhealth and safety
violations may not exceed $1,250 per day.
* * *
Section 2. This act shall take effect in 90 days.
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