Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 448.804 - Administration(a) Discrimination prohibited.--Except as otherwise provided by law, no provider shall discriminate in the operation of a health care facility on the basis of race, creed, sex or national origin.(b) Prevention of duplication.--In carrying out the provisions of this chapter and other statutes of this Commonwealth relating to health care facilities, the department and other departments and agencies of the State and local governments shall make every reasonable effort to prevent duplication of inspections and examinations. The department may make the dates of licensure expiration coincide with medical assistance and Medicare certification or applicable accreditation by national accreditation organizations and shall combine these surveys and inspections where practical.(c) Health care innovation.--The department shall administer this chapter so as to encourage innovation and experimentation in health care and health care facilities consistent with the provisions of this chapter and shall encourage contributions of private funds and services to health care facilities.(c.1) Annual meeting.-- (1) The department shall annually convene a minimum of one meeting of long-term care nursing facilities to receive input regarding the department's conduct of surveys, with the goal of promoting cooperation and communication between long-term care nursing facilities and the department. The department shall ensure that each meeting under this subsection occur at a regional field office of the department and allow long-term care nursing facilities within the region to participate in each meeting. The department may conduct each meeting under this subsection virtually or in-person.(2) Information provided to the department at each meeting under this subsection may not be discoverable, used as a basis for criminal action or used as a basis for civil or administrative liability under the laws of this Commonwealth, unless any of the following apply: (i) The information is unrelated to the performance of the duties and functions of a long-term care nursing facility.(ii) The information is false and the person who provided the information knew, or had reason to believe, that the information was false to avoid a criminal action or civil or administrative liability.(iii) The information is independently corroborated.(3) Information, data or records obtained by the department under this subsection shall not be accessible under the act of February 14, 2008 (P.L.6, No.3), known as the Right-To-Know Law.(d) Reports.--The department shall report annually to the General Assembly on the effectiveness of the licensing and enforcement of this chapter. Such report shall include appropriate data according to nature of facility relating to provisional licenses issued, nature of violations of regulations, and number of facilities against which sanctions had to be taken.Amended by P.L. (number not assigned at time of publication) 2024 No. 75,§ 1, eff. 9/16/2024.Amended by P.L. 422 2013 No. 60, § 2, eff. 1/5/2014.1979, July 19, P.L. 130, No. 48, § 804, added 1980 , July 12, P.L. 655, No. 136, §7, imd. effective. Amended 1992, Dec. 18, P.L. 1602, No. 179, § 21, imd. effective.