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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY VANCE, MENSCH, ERICKSON, KITCHEN, FONTANA, TARTAGLIONE, ORIE, BOSCOLA, BROWNE, RAFFERTY, FOLMER, LEACH, WAUGH AND FERLO, FEBRUARY 24, 2011 |
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| REFERRED TO PUBLIC HEALTH AND WELFARE, FEBRUARY 24, 2011 |
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| AN ACT |
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1 | Requiring public notices relating to certain matters affecting |
2 | long-term care facilities; providing for compliance and |
3 | enforcement; requiring the Department of Health to make |
4 | inspection information available to the public; requiring |
5 | long-term care facilities to transmit certain information to |
6 | resident's representative; and imposing penalties. |
7 | The General Assembly of the Commonwealth of Pennsylvania |
8 | hereby enacts as follows: |
9 | Section 1. Short title. |
10 | This act shall be known and may be cited as the Long-Term |
11 | Care Consumer Protection Act. |
12 | Section 2. Definitions. |
13 | The following words and phrases when used in this act shall |
14 | have the meanings given to them in this section unless the |
15 | context clearly indicates otherwise: |
16 | "Applicable department." The department which is responsible |
17 | for licensing, registering or certifying the facility in |
18 | question. |
19 | "Enforcement action." Any of the following: |
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1 | (1) Suspension of license. |
2 | (2) Revocation of license. |
3 | (3) Refusal to renew license. |
4 | (4) Limitation of license as to operation of a portion |
5 | of the facility or to the services which may be provided at |
6 | the facility. |
7 | (5) Issuance of a provisional license. |
8 | (6) Limitation or suspension of admissions to the |
9 | facility. |
10 | (7) Civil monetary penalty as prescribed by section 9 or |
11 | as provided in a statute or regulation governing licensing, |
12 | registration or certification of the facility in question. |
13 | "Facility." Any of the following: |
14 | (1) A facility providing domiciliary care as defined in |
15 | section 2202-A of the act of April 9, 1929 (P.L.177, No.175), |
16 | known as The Administrative Code of 1929. |
17 | (2) A hospice as defined in section 802.1 of the act of |
18 | July 19, 1979 (P.L.130, No.48), known as the Health Care |
19 | Facilities Act. |
20 | (3) A long-term care nursing facility as defined in |
21 | section 802.1 of the act of July 19, 1979 (P.L.130, No.48), |
22 | known as the Health Care Facilities Act. |
23 | (4) An older adult daily living center as defined in |
24 | section 2 of the act of July 11, 1990 (P.L.499, No.118), |
25 | known as the Older Adult Daily Living Centers Licensing Act. |
26 | (5) A personal care home as defined in section 1001 of |
27 | the act of June 13, 1967 (P.L.31, No.21), known as the Public |
28 | Welfare Code. |
29 | (6) A facility providing continuing care as defined in |
30 | section 3 of the act of June 18, 1984 (P.L.391, No.82), known |
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1 | as the Continuing-Care Provider Registration and Disclosure |
2 | Act. |
3 | "Representative." An individual responsible for making |
4 | decisions on behalf of a resident as designated by the resident |
5 | or an individual authorized by law to take certain action on |
6 | behalf of a resident. The term includes legal counsel, a court- |
7 | appointed guardian, an attorney-in-fact under a durable power of |
8 | attorney, an agent under a health care proxy, a representative |
9 | payee or any other individual authorized by statute or |
10 | regulation. |
11 | "Resident." An individual who receives services at or from a |
12 | facility. |
13 | Section 3. Facility requirements for certain information. |
14 | (a) Public display.--A facility shall display all of the |
15 | following in a public and conspicuous location where they may |
16 | easily be observed and read: |
17 | (1) The license permitting operation of the facility. |
18 | (2) All reports of inspections issued during the |
19 | preceding 12 months. |
20 | (3) Notices of any enforcement actions currently being |
21 | undertaken against the facility. |
22 | (b) Records.--A facility shall maintain for each resident, |
23 | where applicable, a current record of the name, address and |
24 | telephone number of the resident's representative or |
25 | representatives which shall be provided upon request to the |
26 | applicable department. |
27 | Section 4. Notice to persons receiving services. |
28 | (a) General rule.--Whenever a facility receives from the |
29 | applicable department a notice of enforcement action, the notice |
30 | shall also be transmitted by the facility to the representative |
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1 | for each resident of the facility within ten days. |
2 | (b) Contents of notice.--The notice shall include the |
3 | applicable department's Internet website, telephone number and, |
4 | where applicable, indicate where additional information |
5 | regarding the action may be found. |
6 | Section 5. Notice on premises. |
7 | (a) Duty to post.--No later than 24 hours after a facility |
8 | receives notification from the applicable department of an |
9 | enforcement action, the facility shall post the notification on |
10 | each entrance to the physical location of the facility. |
11 | (b) Time period for posting.-- |
12 | (1) The public notice shall remain posted until such |
13 | time as the action taken by the applicable department has |
14 | been resolved. |
15 | (2) If an appeal of the applicable department's action |
16 | is filed, the notice shall remain posted until all issues on |
17 | appeal are determined finally. |
18 | Section 6. Confirmation to department. |
19 | A facility shall notify the applicable department immediately |
20 | upon meeting the requirements of sections 3, 4 and 5. |
21 | Section 7. Consumer information. |
22 | With respect to a "health care facility," as that term is |
23 | defined in the act of July 19, 1979 (P.L.130, No.48), known as |
24 | the Health Care Facilities Act, the Department of Health shall |
25 | make the results of any surveys or licensing inspections and any |
26 | resulting enforcement action, statements of deficiencies or |
27 | plans of correction available to the public through an Internet |
28 | website or similar mechanism. |
29 | Section 8. Regulations. |
30 | Within six months of the effective date of this section, the |
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1 | Department of Health shall inform all facilities and the general |
2 | public of policies and procedures necessary to administer this |
3 | act. |
4 | Section 9. Penalties; appeal. |
5 | (a) Civil penalty.--The applicable department shall have |
6 | authority to assess a civil penalty of $1,000 per day for each |
7 | violation of this act. |
8 | (b) Appeal--Any person aggrieved by an enforcement action |
9 | shall have the right to appeal pursuant to 42 Pa.C.S. (relating |
10 | to judiciary and judicial procedure). |
11 | Section 10. Repeals. |
12 | All acts and parts of acts are repealed insofar as they are |
13 | inconsistent with this act. |
14 | Section 11. Effective date. |
15 | This act shall take effect in 60 days. |
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