Bill Text: PA HB1738 | 2009-2010 | Regular Session | Introduced

---

Bill Title: Further providing for issuance of license.

Spectrum: Moderate Partisan Bill (Republican 10-2)

Status: (Introduced - Dead) 2009-06-17 - Referred to HEALTH AND HUMAN SERVICES [HB1738 Detail]

Download: Pennsylvania-2009-HB1738-Introduced.html

---

PRINTER'S NO. 2202
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1738 Session of2009
INTRODUCED BY GODSHALL, BEYER, BOBACK, BRENNAN, CLYMER, MOUL, PASHINSKI, PICKETT, ROAE, SCHRODER, SWANGER AND J. TAYLOR, JUNE 17, 2009
REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES, JUNE 17, 2009
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 issuance of
license.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 808(a) of the act of July 19, 1979
(P.L.130, No.48), known as the Health Care Facilities Act,
amended December 18, 1992 (P.L.1602, No.179), is amended and the
section is amended by adding a subsection to read:
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 the applicant or health care facility has not
been found guilty of, regardless of adjudication, or entered
a plea of nolo contendere or guilty to, any offense
prohibited under the laws of this Commonwealth or a felony or
any substantially comparable offense or crime of another
state or of the United States within the past ten years.
(a.1) Disclosure.--Each individual, entity or facility
required to provide background screening shall disclose an
arrest for any crime for which a court disposition other than
dismissal has been made within the past ten years. Failure to
provide such information shall be considered a material omission
in the application process.
* * *
Section 2. This act shall take effect in 60 days.
20090HB1738PN2202 - 2 -