Pennsylvania Act 2008-120 — HEALTH CARE FACILITIES ACT - LICENSURE

Act text

HEALTH CARE FACILITIES ACT - LICENSURE
                 Act of Oct. 9, 2008, P.L. 1505, No. 120              Cl. 35
                             Session of 2008
                               No. 2008-120

     HB 2629

                                  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 licensure.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Section 806(g) of the act of July 19, 1979
     (P.L.130, No.48), known as the Health Care Facilities Act, added
     October 16, 1998 (P.L.777, No.95), is amended to read:
      Section 806.  Licensure.
        * * *
        (g)  Hospices.--
            (1)  The department shall promulgate regulations to
        provide for a fee for application for the licensure of
        hospices. The fee shall be an amount sufficient to offset all
        costs incurred by the department related to the licensure and
        inspection of hospices. The department shall from time to
        time, as may be necessary, increase or decrease the fee to
        reflect actual expenditures related to hospices. Until such
        time as the department provides for the fee by regulation, an
        application for a hospice license shall be accompanied by a
        fee of $250.
            (2)  The department shall promulgate regulations for
        licensure of hospices. The regulations shall, at a minimum,
        contain the standards set forth in regulations for hospices
        certified as providers of the Medicare program under Title
        XVIII of the Social Security Act (49 Stat. 620, 42 U.S.C. §
        1395 et seq.). The department may develop additional
        regulations as necessary to administer the licensure program
        and to protect the health and safety of the citizens of this
        Commonwealth. Until final regulations are adopted, the
        department shall operate the licensing program pursuant to
        interim guidelines consistent with this paragraph.
            (2.1)  Within 180 days following the effective date of
        this paragraph, the department shall promulgate proposed
        regulations, and, within 270 days following the effective
        date of this paragraph, the department shall promulgate final
        regulations for the licensure and operation of small
        residential hospices with 22 or fewer beds. Subject to
        Federal approval under 42 CFR 418.100(d)(3) (relating to
        condition of participation hospices that provide inpatient
        care directly), the regulations shall create an alternative
        to the fire and safety regulations for hospices certified as
        providers of the Medicare program under Title XVIII of the
        Social Security Act (49 Stat. 620, 42 U.S.C. § 1395 et seq.)
        that currently require hospices to meet standards for nursing
        homes contained in the 2000 edition of the Life Safety Code
        of the National Fire Protection Association. In developing
        the alternative for fire and safety regulations, the
        department shall consider as a minimum the requirements for
        residential board and care occupancies set forth in the 2006
        edition of the Life Safety Code and other applicable codes.
            (3)  Notwithstanding any provision to the contrary, any
        organization which provides or coordinates the provision of
        volunteer services for Medicare-certified hospice providers
        in the hospice delivery systems of its community and which:
                (i)  used "hospice" in its name prior to January 1,
            1990;
                (ii)  qualified for exemption from Federal income
            taxation under section 501(c)(3) of the Internal Revenue
            Code of 1986 (Public Law 99-514, 26 U.S.C. § 1 et seq.)
            prior to the effective date of this subsection; and
                (iii)  registered with the Department of State
            pursuant to the act of December 19, 1990 (P.L.1200,
            No.202), known as the "Solicitation of Funds for
            Charitable Purposes Act," prior to the effective date of
            this subsection; may continue to use its name as
            heretofore.
        Section 2.  This act shall take effect immediately.

     APPROVED--The 9th day of October, A. D. 2008.

     EDWARD G. RENDELL