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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY HUGHES, TARTAGLIONE, LEACH, FONTANA, SCARNATI, GREENLEAF, YUDICHAK, D. WHITE, ERICKSON, WOZNIAK, WARD, KASUNIC, FARNESE, FERLO AND BROWNE, MARCH 1, 2011 |
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| REFERRED TO PUBLIC HEALTH AND WELFARE, MARCH 1, 2011 |
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| AN ACT |
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1 | Amending the act of April 9, 1929 (P.L.177, No.175), entitled |
2 | "An act providing for and reorganizing the conduct of the |
3 | executive and administrative work of the Commonwealth by the |
4 | Executive Department thereof and the administrative |
5 | departments, boards, commissions, and officers thereof, |
6 | including the boards of trustees of State Normal Schools, or |
7 | Teachers Colleges; abolishing, creating, reorganizing or |
8 | authorizing the reorganization of certain administrative |
9 | departments, boards, and commissions; defining the powers and |
10 | duties of the Governor and other executive and administrative |
11 | officers, and of the several administrative departments, |
12 | boards, commissions, and officers; fixing the salaries of the |
13 | Governor, Lieutenant Governor, and certain other executive |
14 | and administrative officers; providing for the appointment of |
15 | certain administrative officers, and of all deputies and |
16 | other assistants and employes in certain departments, boards, |
17 | and commissions; and prescribing the manner in which the |
18 | number and compensation of the deputies and all other |
19 | assistants and employes of certain departments, boards and |
20 | commissions shall be determined," providing for authority |
21 | relating to medical facilities. |
22 | The General Assembly of the Commonwealth of Pennsylvania |
23 | hereby enacts as follows: |
24 | Section 1. The act of April 9, 1929 (P.L.177, No.175), known |
25 | as The Administrative Code of 1929, is amended by adding a |
26 | section to read: |
27 | Section 2126. Authority Relating to Medical Facilities.--(a) |
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1 | Notwithstanding any other provision of law, the Department of |
2 | Health shall have the following powers and duties relating to |
3 | medical facilities approved by the department under 28 Pa.Code § |
4 | 29.43 (relating to facility approval): |
5 | (1) To annually conduct an onsite inspection of each medical |
6 | facility. The inspection shall determine the medical facility's |
7 | compliance with all laws and regulations governing the facility |
8 | and that are under the department's jurisdiction. The department |
9 | annually shall conduct one unannounced onsite inspection of each |
10 | medical facility. The department shall have the authority to |
11 | conduct additional announced or unannounced inspections of a |
12 | facility as it deems necessary. All inspections shall be |
13 | conducted in a manner that does not significantly impact patient |
14 | care. The department, by regulation, may provide for an |
15 | abbreviated annual inspection when a medical facility has |
16 | established a history of exemplary compliance. |
17 | (2) To establish a single Statewide toll-free telephone |
18 | number that a patient, an individual acting on behalf of a |
19 | patient or a health care worker may use to file a complaint |
20 | about a medical facility or against a health care worker at the |
21 | facility and to require each facility to post the telephone |
22 | number in a conspicuous location within the facility. The toll- |
23 | free telephone number shall be used solely for accepting |
24 | complaints identified under this section and shall be in |
25 | addition to any procedure currently used by the department to |
26 | accept complaints. In addition to any other power or authority |
27 | authorized by law, the department shall have the duty to: |
28 | (i) investigate any complaint received under this paragraph; |
29 | (ii) refer the complaint to the Bureau of Professional and |
30 | Occupational Affairs in the Department of State if the complaint |
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1 | involves allegations against a health care worker licensed by |
2 | the Department of State; or |
3 | (iii) refer the complaint to an appropriate law enforcement |
4 | agency for investigation if the department reasonably believes |
5 | that the allegations contained in the complaint, if true, |
6 | constitute a criminal violation of the laws of this |
7 | Commonwealth. |
8 | (b) For purposes of this section, the term "medical |
9 | facility" or "facility" shall have the same meaning as the term |
10 | is used in 18 Pa.C.S. § 3203 (relating to definitions). |
11 | Section 2. This act shall take effect in 60 days. |
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