PRIOR PRINTER'S NO. 2325
PRINTER'S NO. 2921
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1853
Session of
2023
INTRODUCED BY SHUSTERMAN, MARCELL, BOROWSKI, CEPEDA-FREYTIZ,
ECKER, EMRICK, HILL-EVANS, KUTZ, MADDEN, MULLINS, PROBST,
SANCHEZ, GREEN AND CERRATO, NOVEMBER 15, 2023
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
APRIL 10, 2024
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," in licensing of health care
facilities, further providing for administration.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 804 of the act of July 19, 1979 (P.L.130,
No.48), known as the Health Care Facilities Act, is amended by
adding a subsection to read:
Section 804. Administration.
* * *
(c.1) Annual meeting.--The department shall annually convene
a 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
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nursing facilities and the department.
(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.
* * *
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Section 2. This act shall take effect in 60 days.
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