Bill Text: PA SB662 | 2011-2012 | Regular Session | Introduced


Bill Title: Providing for authority relating to medical facilities.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-03-01 - Referred to PUBLIC HEALTH AND WELFARE [SB662 Detail]

Download: Pennsylvania-2011-SB662-Introduced.html

  

 

    

PRINTER'S NO.  720

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

SENATE BILL

 

No.

662

Session of

2011

  

  

INTRODUCED BY HUGHES, TARTAGLIONE, LEACH, FONTANA, SCARNATI, GREENLEAF, YUDICHAK, D. WHITE, ERICKSON, WOZNIAK, WARD, KASUNIC, FARNESE, FERLO AND BROWNE, MARCH 1, 2011

  

  

REFERRED TO PUBLIC HEALTH AND WELFARE, MARCH 1, 2011  

  

  

  

AN ACT

  

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Amending the act of April 9, 1929 (P.L.177, No.175), entitled

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"An act providing for and reorganizing the conduct of the

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executive and administrative work of the Commonwealth by the

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Executive Department thereof and the administrative

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departments, boards, commissions, and officers thereof,

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including the boards of trustees of State Normal Schools, or

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Teachers Colleges; abolishing, creating, reorganizing or

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authorizing the reorganization of certain administrative

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departments, boards, and commissions; defining the powers and

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duties of the Governor and other executive and administrative

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officers, and of the several administrative departments,

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boards, commissions, and officers; fixing the salaries of the

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Governor, Lieutenant Governor, and certain other executive

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and administrative officers; providing for the appointment of

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certain administrative officers, and of all deputies and

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other assistants and employes in certain departments, boards,

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and commissions; and prescribing the manner in which the

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number and compensation of the deputies and all other

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assistants and employes of certain departments, boards and

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commissions shall be determined," providing for authority

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relating to medical facilities.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  The act of April 9, 1929 (P.L.177, No.175), known

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as The Administrative Code of 1929, is amended by adding a

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section to read:

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Section 2126.  Authority Relating to Medical Facilities.--(a)  

 


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Notwithstanding any other provision of law, the Department of

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Health shall have the following powers and duties relating to

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medical facilities approved by the department under 28 Pa.Code §

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29.43 (relating to facility approval):

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(1)  To annually conduct an onsite inspection of each medical

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facility. The inspection shall determine the medical facility's

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compliance with all laws and regulations governing the facility

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and that are under the department's jurisdiction. The department

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annually shall conduct one unannounced onsite inspection of each

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medical facility. The department shall have the authority to

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conduct additional announced or unannounced inspections of a

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facility as it deems necessary. All inspections shall be

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conducted in a manner that does not significantly impact patient

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care. The department, by regulation, may provide for an

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abbreviated annual inspection when a medical facility has

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established a history of exemplary compliance.

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(2)  To establish a single Statewide toll-free telephone

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number that a patient, an individual acting on behalf of a

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patient or a health care worker may use to file a complaint

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about a medical facility or against a health care worker at the

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facility and to require each facility to post the telephone

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number in a conspicuous location within the facility. The toll-

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free telephone number shall be used solely for accepting

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complaints identified under this section and shall be in

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addition to any procedure currently used by the department to

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accept complaints. In addition to any other power or authority

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authorized by law, the department shall have the duty to:

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(i)  investigate any complaint received under this paragraph;

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(ii)  refer the complaint to the Bureau of Professional and

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Occupational Affairs in the Department of State if the complaint

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involves allegations against a health care worker licensed by

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the Department of State; or

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(iii)  refer the complaint to an appropriate law enforcement

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agency for investigation if the department reasonably believes

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that the allegations contained in the complaint, if true,

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constitute a criminal violation of the laws of this

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Commonwealth.

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(b)  For purposes of this section, the term "medical

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facility" or "facility" shall have the same meaning as the term

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is used in 18 Pa.C.S. § 3203 (relating to definitions).

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Section 2.  This act shall take effect in 60 days.

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