PRINTER'S NO. 3111
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2203
Session of
2020
INTRODUCED BY CEPHAS, KENYATTA, KINSEY, HOHENSTEIN, HILL-EVANS,
McNEILL, YOUNGBLOOD, SCHLOSSBERG, MURT, SHUSTERMAN, WEBSTER
AND T. DAVIS, JANUARY 10, 2020
REFERRED TO COMMITTEE ON HEALTH, JANUARY 10, 2020
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 administration of the act,
further providing for promulgation of rules and regulations.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 601 of the act of July 19, 1979 (P.L.130,
No.48), known as the Health Care Facilities Act, is amended by
adding subsections to read:
Section 601. Promulgation of rules and regulations.
* * *
(c) Regulations for long-term care nursing facilities, which
shall apply to all staff, administration and persons contracted
by the long-term care nursing facility to deliver care, shall
provide the following rights to residents:
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(1) A resident may not be discriminated against because
of race, color, religious creed, disability, ancestry, sexual
orientation, gender identity, national origin, age or sex.
(2) A resident may not be neglected, intimidated,
physically or verbally abused, mistreated, subjected to
corporal punishment or disciplined in any way. A resident
shall be free from mental, physical and sexual abuse and
exploitation, neglect, financial exploitation and involuntary
seclusion.
(3) A resident shall be treated with dignity and
respect.
(4) A resident shall be informed of the rules of the
long-term care nursing facility and given 30 days' written
notice prior to the effective date of a new rule.
(5) A resident shall have access to a telephone in the
long-term care nursing facility to make calls in privacy.
Nontoll calls shall be without charge to the resident.
(6) A resident has the right to receive and send mail.
The following shall apply:
(i) Outgoing mail may not be opened or read by long-
term care nursing facility staff unless upon request of
the resident.
(ii) Incoming mail may not be opened or read by
long-term care nursing facility staff unless upon request
of the resident or the resident's personal
representative.
(7) A resident has the right to communicate privately
with and access the local ombudsman.
(8) A resident has the right to practice the religion or
faith of the resident's choice, or to not practice any
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religion or faith.
(9) A resident shall receive assistance in accessing
health care services, including supplemental health care
services.
(10) A resident shall receive assistance in obtaining
and keeping clean, seasonal clothing. A resident's clothing
may not be shared with other residents.
(11) A resident, resident's personal representative and
other individuals upon the resident's written approval shall
have the right to access, review and request corrections to
the resident's record on file with the long-term care nursing
facility.
(12) A resident has the right to furnish the resident's
living unit and purchase, receive, use and retain personal
clothing and possessions.
(13) A resident has the right to leave and return to the
long-term care nursing facility at times consistent with the
long-term care nursing facility rules and the resident's
support plan. An individual appointed by the resident,
including the resident's personal representative, may place
or remove the resident according to the resident's support
plan.
(14) A resident has the right to relocate and to request
and receive assistance from the long-term care nursing
facility in relocating to another facility. The assistance
shall include helping the resident get information about
living arrangements, making telephone calls and transferring
records.
(15) A resident has the right to freely associate,
organize and communicate privately with the resident's
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friends, family, physician, attorney and other persons.
(16) A resident shall be free from restraints.
(17) A resident shall be compensated in accordance with
Federal and State labor laws for labor performed on behalf of
the long-term care nursing facility. A resident may
voluntarily and without coercion perform tasks related
directly to the resident's personal space or common areas of
the long-term care nursing facility.
(18) A resident has the right to receive visitors at any
time provided that the visits do not adversely affect other
residents. A long-term care nursing facility may adopt
reasonable policies and procedures related to visitors and
access. If the long-term care nursing facility adopts such
policies and procedures, the policies and procedures shall be
binding on all residents.
(19) A resident has the right to privacy of self and
possessions. Privacy shall be provided to the resident during
bathing, dressing, changing and medical procedures.
(20) A resident has the right to file complaints,
grievances or appeals with any individual or agency and
recommend changes in policies, facility rules and services of
the facility without intimidation, retaliation or threat of
discharge.
(21) A resident has the right to remain in the long-term
care nursing facility, as long as it is operating with a
license.
(22) A resident has the right to receive services
contracted for in the resident's contract with the long-term
care nursing facility.
(23) A resident has the right to use both the long-term
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care nursing facility's procedures and external procedures to
appeal involuntary discharge.
(24) A resident has the right to a system to safeguard
the resident's money and personal property.
(25) A long-term care nursing facility may require a
resident to use providers of supplemental health care
services. When the long-term care nursing facility does not
designate, the resident may choose the supplemental health
care service provider. The actions and procedures utilized by
a supplemental health care service provider chosen by a
resident shall be consistent with the long-term care nursing
facility's systems for caring for residents, which includes
the handling and assisting with the administration of
residents' medications, and may not conflict with Federal
laws governing residents.
(26) The resident has the right to choose the resident's
primary care physician.
(27) The resident has the right to have publicly posted
the telephone numbers and addresses for the department's
long-term care nursing facility licensing office, local
ombudsman or protective services unit in the area agency on
aging, the Disability Rights Network or law enforcement
agency.
(28) The resident has the right to make choices
concerning the resident's daily life in the long-term care
nursing facility.
(29) The resident has the right to share a room with the
resident's spouse or domestic partner or an individual of the
resident's choice when both spouses, partners or residents
live in the same facility and consent to the agreement.
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(30) The resident has the right to be protected from
involuntary transfers, discharges and evictions in violation
of State law and regulation.
(31) The resident has the right to receive written
information on the right to establish an advanced health care
directive.
(32) The resident has the right to receive written
notice of any room changes at least 30 days in advance unless
the request for a change is agreed to by the resident,
required to fill a vacant bed or necessary due to an
emergency.
(33) The resident has the right to reasonable
accommodation of individual needs and preferences in all
aspects of life in the long-term care nursing facility,
except when the health or safety of the individual or other
residents would be endangered.
(34) The resident has the right to reasonable
accommodation of resident preferences concerning room and
roommate choices.
(35) A resident may not be subject to unequal, unfair or
inflated pricing for accommodations, amenities and
applications based on race, color, religious creed,
disability, ancestry, sexual orientation, gender identity,
national origin, age or sex.
(d) As used in this section, "personal representative" means
an executor or administrator of any description appointed by the
resident in writing which shall be kept on file by the long-term
care nursing facility.
Section 2. This act shall take effect in 60 days.
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