act-2008-0-120•Pennsylvania Act 2008-120 — HEALTH CARE FACILITIES ACT - LICENSURE
Pennsylvania Act 2008-120 — HEALTH CARE FACILITIES ACT - LICENSURE
act-2008-0-1202008 Pa. Act 120Law
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
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