reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part IV - Health Facilities › Subpart B - General and Special Hospitals › Chapter 158 - VITAL ORGAN TRANSPLANTATION SERVICES › PROGRAM, SERVICE AND PERSONNEL REQUIREMENTS › Section 158.16 - Support services

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 transplantation center shall maintain, or by agreement have access to, a
					 rehabilitation center which can provide physical rehabilitation, psychological
					 services and vocational and occupational therapy.
(b) The transplantation center shall
					 maintain, or by agreement have access to, the social support services necessary
					 for the care of transplant recipients and for the assistance to families coping
					 with the transplant experience.
(c)
					 The transplantation center shall maintain a service for counseling recipients
					 which is directed to their particular needs and problems. Additionally, as
					 appropriate, the transplantation service shall provide counseling to donors and
					 to their relatives.
(d) The
					 transplantation center shall maintain the following facilities:
(1) Adequately equipped operating
					 rooms.
(2) Adequate equipment and
					 supplies.
(3) Intensive care
					 facilities capable of maintaining transplant patients.
(4) Facilities for acute
					 hemodialysis.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part IV - Health Facilities › Subpart B - General and Special Hospitals › Chapter 158 - VITAL ORGAN TRANSPLANTATION SERVICES › PROGRAM, SERVICE AND PERSONNEL REQUIREMENTS › Section 158.17 - Selection criteria

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 transplantation program shall have written procedures for selecting
					 transplantation candidates and distributing organs in a fair and equitable
					 manner. Selection criteria shall comply with the National Organ Procurement and
					 Transplantation Network organ allocation priorities and shall be based on
					 objective medical criteria and time on a waiting list.
(b) The transplantation program shall have
					 written policies in place to assure that:
(1)
					 Patient selection decisions are consistent with criteria set forth in the
					 written patient selection criteria.
(2) The transplantation program is
					 responsible for ethical and medical considerations in the patient selection
					 process.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part IV - Health Facilities › Subpart B - General and Special Hospitals › Chapter 158 - VITAL ORGAN TRANSPLANTATION SERVICES › PROGRAM, SERVICE AND PERSONNEL REQUIREMENTS › Section 158.18 - Referrals, hours of operation

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 The transplantation center shall accept referrals from all
					 physicians.
(b) Transplantation
					 services shall be accessible 24hours-a-day, 7-days-a-week.
This section cited in 28 Pa. Code §
													158.31 (relating to kidney
						  transplantation program); 28 Pa. Code §
													158.33 (relating to liver
						  transplantation program); 28 Pa. Code §
													158.34 (relating to lung and
						  heart/lung transplantation programs); 28 Pa. Code §
													158.35 (relating to pancreas
						  transplantation programs); and 28 Pa. Code §
													158.37 (relating to pediatric
						  transplantation programs).
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part IV - Health Facilities › Subpart B - General and Special Hospitals › Chapter 158 - VITAL ORGAN TRANSPLANTATION SERVICES › PROGRAM, SERVICE AND PERSONNEL REQUIREMENTS › Section 158.19 - Volume of procedures

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Each
					 transplantation program shall perform an adequate number of procedures to
					 maximize quality.
(b) Each
					 transplantation program shall meet the expected survival rate as set forth by
					 the Organ Procurement and Transplantation Network in its bylaws. Those programs
					 whose actual survival rates fall below their expected survival rates will be
					 reviewed by the Department to determine if this deviation can be accounted for
					 by patient mix or some other unique clinical aspect of the transplantation
					 program.
(c) If the transplantation
					 program is unable to provide an explanation for its failure to meet the
					 expected survival rate, the Department will undertake a review of that program
					 to determine if it is in compliance with the criteria in this chapter. The
					 hospital shall cooperate with the Department in this review.
This section cited in 28 Pa. Code §
													158.31 (relating to kidney
						  transplantation program); 28 Pa. Code §
													158.33 (relating to liver
						  transplantation program); 28 Pa. Code §
													158.34 (relating to lung and
						  heart/lung transplantation programs); 28 Pa. Code §
													158.35 (relating to pancreas
						  transplantation programs); and 28 Pa. Code §
													158.37 (relating to pediatric
						  transplantation programs).
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part IV - Health Facilities › Subpart B - General and Special Hospitals › Chapter 158 - VITAL ORGAN TRANSPLANTATION SERVICES › PROGRAM, SERVICE AND PERSONNEL REQUIREMENTS › Section 158.20 - Post-transplantation care

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 transplantation center shall maintain a program for continuing patient
					 follow-up care throughout the recipient's life.
(b) This program shall include the following:
(1) A system for referring physicians that
					 integrates patient referral and continued patient supervision.
(2) The interchange of medical and other
					 information necessary in the care and treatment of patients transferred between
					 physicians responsible for patient care and the transplantation
					 surgery.
(3) The provisions of a
					 discharge plan to the referring physician.
(4) An obligation to follow the patient at
					 appropriate intervals to assess the outcome of the transplant and to provide
					 consultative care as necessary.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part IV - Health Facilities › Subpart B - General and Special Hospitals › Chapter 158 - VITAL ORGAN TRANSPLANTATION SERVICES › SUPPLEMENTARY CRITERIA › Section 158.31 - Kidney transplantation program

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The general standards in §§
											158.1-158.19 apply to kidney
					 transplantation programs. Additionally, the criteria contained in this section
					 apply only to kidney transplantation programs.
(b) A kidney transplantation program shall
					 have overall plans and resources to assure a reasonable concentration of
					 experience.
(c) A kidney
					 transplantation program shall participate in and be certified by the Federal
					 ESRD (End Stage Renal Disease) (Medicare) program and as an ESRD
					 center.
(d) A hospital which has a
					 kidney transplantation program shall have a Division of Urology comprised of at
					 least one urologist who is either certified by or who has attained preboard
					 certification status with the American Board of Urology or an equivalent Board.
					 The urologist shall be available to act as a consultant when appropriate for
					 the preoperative, operative and postoperative surgical evaluation and
					 management of transplant patients and living donors.
(e) In addition to dialysis facilities for
					 acute hemodialysis, a kidney transplantation program shall be capable of
					 providing peritoneal dialysis.
This section cited in 28 Pa. Code §
													158.37 (relating to pediatric
						  transplantation programs).
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part IV - Health Facilities › Subpart B - General and Special Hospitals › Chapter 158 - VITAL ORGAN TRANSPLANTATION SERVICES › SUPPLEMENTARY CRITERIA › Section 158.32 - Heart transplantation program

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The general standards in §§
											158.1-158.19 apply to heart
					 transplantation programs. Additionally, the criteria contained in this section
					 apply only to heart transplantation programs.
(b) A heart transplantation program shall
					 have overall plans and resources to assure a reasonable concentration of
					 experience.
(c) A heart
					 transplantation program shall have on staff and available at all times a
					 cardiologist and a pulmonologist both of whom are either certified by or have
					 attained preboard certification status with the respective appropriate American
					 Board or an equivalent Board. Either of these specialists may also serve as the
					 transplant physician.
(d) The
					 hospital shall have a cardiac catheterization service which meets all of the
					 regulatory requirements for this service. The cardiac catheterization
					 laboratory shall be available to perform these procedures on an emergency
					 basis.
(e) The hospital shall have
					 an open heart surgery program and shall meet all of the regulatory requirements
					 for this service.
(f) The hospital
					 shall meet the following conditions:
(1)
					 Possess expertise in other relevant areas including cardiology, cardiovascular
					 surgery and pulmonary diseases.
(2)
					 Identify individuals in these areas to achieve a stable transplant
					 team.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part IV - Health Facilities › Subpart B - General and Special Hospitals › Chapter 158 - VITAL ORGAN TRANSPLANTATION SERVICES › SUPPLEMENTARY CRITERIA › Section 158.33 - Liver transplantation program

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The general standards in §§
											158.1-158.19 apply to liver
					 transplantation programs. Additionally, the criteria contained in this section
					 apply only to liver transplantation programs.
(b) A liver transplantation program shall
					 have overall plans and resources to assure a reasonable concentration of
					 experience.
(c) A hospital shall
					 have on staff and available a gastroenterologist who is either certified by or
					 who has attained preboard certification status with the American Board of
					 Gastroenterology or an equivalent Board. The gastroenterologist shall have at
					 least 2 years experience in hepatology. The gastroenterologist may also serve
					 as the transplant physician.
(d)
					 The pathologist shall be specifically trained in liver pathology.
This section cited in 28 Pa. Code §
													158.37 (relating to pediatric
						  transplantation programs).
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part IV - Health Facilities › Subpart B - General and Special Hospitals › Chapter 158 - VITAL ORGAN TRANSPLANTATION SERVICES › SUPPLEMENTARY CRITERIA › Section 158.34 - Lung and heart/lung transplantation programs

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The general standards in §§
											158.11-158.19 apply to lung and
					 heart/lung transplantation programs. Additionally, the criteria contained in
					 this section apply only to lung and heart/lung transplantation
					 programs.
(b) A lung or heart/lung
					 transplantation program shall have overall plans and resources to assure a
					 reasonable concentration of experience.
(c) A lung or heart/lung transplantation
					 program shall have on staff and available a cardiologist and a pulmonologist
					 who are either certified by or who have attained preboard certification status
					 with the respective appropriate American Board or equivalent Board. Either of
					 these specialists may also serve as the transplant physician.
(d) The hospital shall have a cardiac
					 catheterization service which meets all of the regulatory requirements for this
					 service. The cardiac catheterization laboratory shall be available to perform
					 these procedures on an emergency basis.
(e) The hospital shall have an open heart
					 surgery program and shall meet all of the regulatory requirements for this
					 service.
This section cited in 28 Pa. Code §
													158.37 (relating to pediatric
						  transplantation programs).
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part IV - Health Facilities › Subpart B - General and Special Hospitals › Chapter 158 - VITAL ORGAN TRANSPLANTATION SERVICES › SUPPLEMENTARY CRITERIA › Section 158.35 - Pancreas transplantation programs

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The general standards in §§
											158.1-158.19 apply to pancreas
					 transplantation programs. Additionally, the criteria contained in this section
					 applies only to pancreas transplantation programs.
(b) A pancreas transplantation program shall
					 have overall plans and resources to assure a reasonable concentration of
					 experience.
(c) A hospital in which
					 a pancreas transplantation program performs combined kidney/pancreas
					 transplants or sequential kidney and pancreas or sequential pancreas and kidney
					 transplants shall have an active kidney transplantation program.
(d) A hospital which has a pancreas
					 transplantation program shall have a division of endocrinology comprised of at
					 least one endocrinologist currently certified by the American Board of
					 Endocrinology or an equivalent Board. If the endocrinologist serves as the
					 transplant physician, then the endocrinologist shall have at least 1 year of
					 training or 2 years experience in the care of transplant patients.
This section cited in 28 Pa. Code §
													158.37 (relating to pediatric
						  transplantation programs).
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part IV - Health Facilities › Subpart B - General and Special Hospitals › Chapter 158 - VITAL ORGAN TRANSPLANTATION SERVICES › SUPPLEMENTARY CRITERIA › Section 158.36 - Other organs

Current through Register Vol. 54, No. 28, July 13, 2024
A facility proposing to establish a program for
						transplant of an organ other than kidney, heart, liver, lung, heart/lung or
						pancreas shall:
(1) Comply with the
					 general criteria contained in this chapter.
(2) Comply with Organ Procurement Transplant
					 Network criteria applicable to the specific organ.
This section cited in 28 Pa. Code §
													158.37 (relating to pediatric
						  transplantation programs).
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part IV - Health Facilities › Subpart B - General and Special Hospitals › Chapter 158 - VITAL ORGAN TRANSPLANTATION SERVICES › SUPPLEMENTARY CRITERIA › Section 158.37 - Pediatric transplantation programs

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A transplantation center that provides a
					 transplantation program to pediatric patients shall do the following:
(1) Follow the general criteria for
					 transplantation centers and programs in §§ 158.1-158.19.
(2) Follow the supplementary criteria for the
					 applicable organ transplantation program in §§
					 158.31-158.36.
(3) Follow the
					 criteria in this section in the treatment of pediatric
					 patients.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part IV - Health Facilities › Subpart B - General and Special Hospitals › Chapter 158 - VITAL ORGAN TRANSPLANTATION SERVICES › Appendix A

Current through Register Vol. 54, No. 28, July 13, 2024
The following agencies are approved by the Department for
					 combined surveys in accordance with § 101.61 and § 101.62:
The Joint Commission on Accreditation of
					 Hospitals.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part IV - Health Facilities › Subpart B - General and Special Hospitals › Chapter 158 - VITAL ORGAN TRANSPLANTATION SERVICES › Appendix B

Current through Register Vol. 54, No. 28, July 13, 2024
I. Joint Commission on Accreditation of Hospitals. The
					 following requirements for State licensure are not encompassed in the
					 qualifying regulations of the Joint Commission on Accreditation of Hospitals.
					 Providers will be required to meet these requirements in addition to the
					 requirements of the Joint Commission on Accreditation of Hospitals.
§ 103.3(10)(iii)
§ 125.14
§ 103.4(15)
§ 127.11
§ 103.9
§ 127.21
§ 103.10
§ 127.22
§ 103.22
§ 127.24
§ 103.23
§ 127.26
§ 103.24
§ 129.2
§ 103.35
§ 129.21
§ 105.11
§ 129.36
§ 105.23
§ 129.38
§ 105.24
§ 135.1
§ 105.25
§ 135.3
§ 105.26
§ 135.4
§ 107.62
§ 135.11
§ 107.64
§ 135.21
§ 109.1
§ 135.22
§ 109.6
§ 137.1
§ 109.64
§ 137.2
§ 109.65
§ 137.3
§ 109.67
§ 137.4
§ 111.15
§ 137.11
§ 111.25
§ 137.12
§ 111.26
§ 137.13
§ 113.5
§ 137.21
§ 113.23
§ 137.23
§ 115.6
§ 137.24
§ 115.23
§ 137.33
§ 115.25
§ 137.34
§ 115.29
§ 139.1
§ 115.33(g)
§ 139.4
§ 117.14
§ 139.11
§ 117.41
§ 139.12
§ 123.3
§ 139.13
§ 123.23
§ 139.14
§ 123.24
§ 139.17
§ 125.2
§ 139.21
§ 139.22
§ 139.23
§ 139.24
§ 139.25
§ 139.28
§ 139.31
§ 147.1
§ 147.32
§ 147.33
§ 151.11
§ 151.42
§ 151.46
§ 151.48
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part IV - Health Facilities › Subpart C - Long-Term Care Facilities › Chapter 201 - APPLICABILITY, DEFINITIONS, OWNERSHIP AND GENERAL OPERATION OF LONG-TERM CARE NURSING FACILITIES › GENERAL PROVISIONS › Section 201.1 - Applicability

Current through Register Vol. 54, No. 28, July 13, 2024
This subpart applies to long-term care nursing facilities
						as defined in section 802.1 of the act (35 P.S. §
												448.802a).
The provisions of this §
													201.1 amended under section 803 of
						  the Health Care Facilities Act (35 P.S. §
														448.803); and section 2102(g) of The
						  Administrative Code of 1929 (71 P.S. §
														532(g)).
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part IV - Health Facilities › Subpart C - Long-Term Care Facilities › Chapter 201 - APPLICABILITY, DEFINITIONS, OWNERSHIP AND GENERAL OPERATION OF LONG-TERM CARE NURSING FACILITIES › GENERAL PROVISIONS › Section 201.2 - Requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department
					 incorporates by reference 42 CFR Part 483 , Subpart B of the Federal
					 requirements for long-term care facilities, (relating to requirements for
					 long-term care facilities), as licensing regulations for long-term care nursing
					 facilities, with the exception of
					 42 CFR
					 483.1 (relating to basis and scope) and the
					 requirements under 42 CFR Part 483 Subpart B for the transmission of data and
					 minimum data set (MDS) reporting to the Centers for Medicare & Medicaid
					 Services (CMS) unless the facility is participating in the Medicare or Medical
					 Assistance Program.
(b) A facility
					 may apply for an exception to the requirements of this subpart under
					 §§ 51.31-51.34 (relating to exceptions).
The provisions of this §
													201.2 amended under sections 102,
						  201(12), 601, 801.1 and 803 of the Health Care Facilities Act (35 P.S.
						  §§
														448.102,
						  448.201(12), 448.601,
						  448.801a and 448.803); and section 2102(a) and (g) of The Administrative Code
						  of 1929 (71 P.S. §
														532(a) and
						  (g)).
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part IV - Health Facilities › Subpart C - Long-Term Care Facilities › Chapter 201 - APPLICABILITY, DEFINITIONS, OWNERSHIP AND GENERAL OPERATION OF LONG-TERM CARE NURSING FACILITIES › OWNERSHIP AND MANAGEMENT › Section 201.11 - Types of ownership

Current through Register Vol. 54, No. 28, July 13, 2024
The owner of a facility may be an individual, a
						partnership, an association, a corporation or combination
						thereof.
The provisions of this §
													201.11 amended under section 803
						  of the Health Care Facilities Act (35 P. S. §
														448.803); and section 2102(g) of The
						  Administrative Code of 1929 (71 P. S. §
														532(g)).
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part IV - Health Facilities › Subpart C - Long-Term Care Facilities › Chapter 201 - APPLICABILITY, DEFINITIONS, OWNERSHIP AND GENERAL OPERATION OF LONG-TERM CARE NURSING FACILITIES › OWNERSHIP AND MANAGEMENT › Section 201.12 - Application for license of a new facility or change in ownership

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 [Reserved].
(a.1) A person may not
					 operate or assume ownership of a facility without first obtaining a license
					 from the Department.
(a.2) A
					 prospective licensee of a facility shall obtain an application form from the
					 Division of Nursing Care Facilities, Department of Health.
(b) In addition to the completed application
					 and fee required under section 807 of the act (35 P.S. §
												448.807), a prospective licensee of a
					 facility shall submit the following:
(1) The
					 names, addresses, e-mail addresses and phone numbers of any person who meets
					 any of the following:
(i) Has or will have a
					 direct or indirect ownership interest of 5% or more in the facility.
(ii) Holds or will hold the license or
					 ownership interest in the land on which the facility is located or the building
					 in which the facility is located.
(iii) Owns or will own a whole or part
					 interest in any mortgage, deed, trust, note or other long-term liability
					 secured in whole or in part by the equipment used in the facility, the land on
					 which the facility is located or the building in which the facility is located.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part IV - Health Facilities › Subpart C - Long-Term Care Facilities › Chapter 201 - APPLICABILITY, DEFINITIONS, OWNERSHIP AND GENERAL OPERATION OF LONG-TERM CARE NURSING FACILITIES › OWNERSHIP AND MANAGEMENT › Section 201.12a - Notice and opportunity to comment

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In addition to the requirements in §
											201.12 (relating to application
					 for license of a new facility or change in ownership), a prospective licensee
					 of a new facility shall concurrently provide written notice to the Office of
					 the State Long-Term Care Ombudsman when the prospective licensee submits its
					 application.
(b) In addition to the
					 requirements in §
											201.12, a prospective licensee for
					 a change in ownership of a facility shall concurrently provide written notice
					 to all of the following:
(1) Residents of the
					 facility being purchased or acquired, and their resident
					 representatives.
(2) Employees of
					 the facility being purchased or acquired.
(3) The Office of the State Long-Term Care
					 Ombudsman.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part IV - Health Facilities › Subpart C - Long-Term Care Facilities › Chapter 201 - APPLICABILITY, DEFINITIONS, OWNERSHIP AND GENERAL OPERATION OF LONG-TERM CARE NURSING FACILITIES › OWNERSHIP AND MANAGEMENT › Section 201.12b - Evaluation of application for license of a new facility or change in ownership

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 Department will conduct an evaluation of the application, which will include
					 consideration of the application form and documents submitted under §
											201.12 (relating to application
					 for license of a new facility or change in ownership) and comments submitted
					 under §
											201.12a(d)
					 (relating to notice and opportunity to comment).
(b) Upon completion of the evaluation
					 conducted under subsection (a), the Department will approve or deny the
					 application and post notice of the approval or denial of the application on the
					 Department's web site.
(c) The
					 Department will consider the following in determining whether to approve or
					 deny an application:
(1) The prospective
					 licensee's past performance related to owning or operating a facility in this
					 Commonwealth or other jurisdictions.
(2) The prospective licensee's demonstrated
					 financial and organizational capacity and capability to successfully perform
					 the requirements of operating a facility based on the information provided
					 under § 201.12.
(3) The
					 prospective licensee's demonstrated history and experience with regulatory
					 compliance, including evidence of consistent performance in delivering quality
					 care.
(4) Comments submitted under
					 § 201.12a(d).
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part IV - Health Facilities › Subpart C - Long-Term Care Facilities › Chapter 201 - APPLICABILITY, DEFINITIONS, OWNERSHIP AND GENERAL OPERATION OF LONG-TERM CARE NURSING FACILITIES › OWNERSHIP AND MANAGEMENT › Section 201.13 - Issuance of license

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A person may
					 not maintain or operate a facility without first obtaining a license issued by
					 the Department. A license to operate a facility is not transferable without
					 prior approval of the Department.
(b) A license to operate a facility will be
					 issued when the Department receives the completed application form and the
					 licensure fee and when, after inspection by an authorized representative of the
					 Department, it has been determined that the necessary requirements for
					 licensure have been met.
(c) The
					 required fee for a license is:
Regular Licenses (new or renewal)
								  ...
$250
Each inpatient bed in excess of 75 beds
								  ...
$2
Provisional I License ...
$400
Each inpatient bed ...
$4
Provisional II License ...
$600
Each inpatient bed ...
$6
Provisional III License ...
$800
Each inpatient bed ...
$8
Provisional IV License ...
$1,000
Each inpatient bed ...
$10
(d) The license will be issued to the owner
					 of a facility and will indicate the name and address of the facility, the
					 number and types of beds authorized and the date of the valid
					 license.
(e) A regular license will
					 be issued when, in the judgment of the Department, there is substantial
					 compliance with this subpart.
(f) A
					 provisional license is governed by the following:
(1) A provisional license will be issued if
					 there are numerous deficiencies or a serious specific deficiency and if the
					 facility is not in substantial compliance with this subpart and the Department
					 finds that:
(i) The applicant is taking
					 appropriate steps to correct the deficiencies in accordance with a timetable
					 submitted by the applicant and agreed upon by the Department.
(ii) There is no cyclical pattern of
					 deficiencies over a period of 2 or more years.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part IV - Health Facilities › Subpart C - Long-Term Care Facilities › Chapter 201 - APPLICABILITY, DEFINITIONS, OWNERSHIP AND GENERAL OPERATION OF LONG-TERM CARE NURSING FACILITIES › OWNERSHIP AND MANAGEMENT › Section 201.13a - Regular license

Current through Register Vol. 54, No. 28, July 13, 2024
The Department will issue a regular 1-year license when
						the facility is in full compliance with section 808 of the act (35 P.S. §
												448.808) and is in full or substantial
						compliance with the provisions of this subpart.
The provisions of this §
													201.13a added under sections 102,
						  201(12), 601, 801.1 and 803 of the Health Care Facilities Act (35 P.S.
						  §§
														448.102,
						  448.201(12), 448.601,
						  448.801a and 448.803); and section 2102(a) and (g) of The Administrative Code
						  of 1929 (71 P.S. §
														532(a) and
						  (g)).
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part IV - Health Facilities › Subpart C - Long-Term Care Facilities › Chapter 201 - APPLICABILITY, DEFINITIONS, OWNERSHIP AND GENERAL OPERATION OF LONG-TERM CARE NURSING FACILITIES › OWNERSHIP AND MANAGEMENT › Section 201.13b - Provisional license

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Under
					 section 812 of the act (35 P.S. §
												448.812), the Department may issue a
					 provisional license if there are numerous deficiencies or a serious specific
					 deficiency and the facility is not in substantial compliance with this subpart
					 and the Department finds that:
(1) The
					 facility is taking appropriate steps to correct the deficiencies in accordance
					 with a timetable submitted by the facility and agreed upon by the
					 Department.
(2) There is no
					 cyclical pattern of deficiencies over a period of 2 or more years.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part IV - Health Facilities › Subpart C - Long-Term Care Facilities › Chapter 201 - APPLICABILITY, DEFINITIONS, OWNERSHIP AND GENERAL OPERATION OF LONG-TERM CARE NURSING FACILITIES › OWNERSHIP AND MANAGEMENT › Section 201.13c - License renewal

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A facility
					 shall apply to renew its license on a form prescribed by the Department with
					 the fee required under section 807(b) of the act (35 P.S. §
												448.807(b)).
(b) In addition to the application form and
					 fee under subsection (a), a facility shall submit an updated annual financial
					 report that meets the requirements set forth in §
											201.12(b)(8)
					 (relating to application for license of a new facility or change in
					 ownership).
(c) A facility shall
					 file an application to renew its license and the updated financial report at
					 least 21 days before the expiration of the current license, unless otherwise
					 directed by the Department.
(d) The
					 Department will renew a regular 1-year license under this section if the
					 facility is in full compliance with section 808 of the act (35 P.S. §
												448.808) and is in full or substantial
					 compliance with the provisions of this subpart.
(e) A provisional license issued in
					 accordance with section 812 of the act (35 P.S. §
												448.812) and §
											201.13b (relating to provisional
					 license) may be renewed, no more than three times at the discretion of the
					 Department.
The provisions of this §
													201.13c added under sections 102,
						  201(12), 601, 801.1 and 803 of the Health Care Facilities Act (35 P.S.
						  §§
														448.102,
						  448.201(12), 448.601,
						  448.801a and 448.803); and section 2102(a) and (g) of The Administrative Code
						  of 1929 (71 P.S. §
														532(a) and
						  (g)).
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part IV - Health Facilities › Subpart C - Long-Term Care Facilities › Chapter 201 - APPLICABILITY, DEFINITIONS, OWNERSHIP AND GENERAL OPERATION OF LONG-TERM CARE NURSING FACILITIES › OWNERSHIP AND MANAGEMENT › Section 201.14 - Responsibility of licensee

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 licensee is responsible for meeting the minimum standards for the operation of
					 a facility as set forth by the Department and by other Federal, State and local
					 agencies responsible for the health and welfare of residents. This includes
					 complying with all applicable Federal and State laws, and rules, regulations
					 and orders issued by the Department and other Federal, State or local
					 agencies.
(b) If services are
					 purchased for the administration or management of the facility, the licensee is
					 responsible for ensuring compliance with all applicable Federal and State laws,
					 and rules, regulations and orders issued by the Department and other Federal,
					 State and local agencies.
(c) The
					 licensee through the administrator shall report as soon as possible, or, at the
					 latest, within 24 hours to the appropriate Division of Nursing Care Facilities
					 field office serious incidents involving residents as set forth in §
											51.3 (relating to notification).
					 For purposes of this subpart, references to patients in §
											51.3 include references to
					 residents.
(d)
					 [Reserved].
(e)
					 [Reserved].
(f) Upon receipt of a
					 strike notice, the licensee or administrator shall promptly notify the
					 appropriate Division of Nursing Care Facilities field office, and the Office of
					 the State Long-Term Care Ombudsman, and keep the Department apprised of the
					 strike status and the measures being taken to provide resident care during the
					 strike.
(g) A facility owner shall
					 pay in a timely manner bills incurred in the operation of a facility that are
					 not in dispute and that are for services without which the resident's health
					 and safety are jeopardized.
(h) The
					 facility shall report to the Department census, rate, program occupancy and any
					 other information the Department may request. The Department will provide
					 advance notice of new reporting requirements, except in instances of an
					 emergency.
(i) The facility shall
					 have on file the most recent inspection reports, relating to the health and
					 safety of residents, indicating compliance with applicable Federal, State and
					 local statutes and regulations. Upon request, the facility shall make the most
					 recent report available to interested persons.
(j) The facility shall conduct a facility-wide assessment that
					 meets the requirements of 42
					 CFR 483.70(e) (relating to
					 administration), as necessary, but at least quarterly.
The provisions of this §
													201.14 amended under section 803
						  of the Health Care Facilities Act (35 P. S. §
														448.803); and section 2102(g) of The
						  Administrative Code of 1929 (71 P. S. §
														532(g)).
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part IV - Health Facilities › Subpart C - Long-Term Care Facilities › Chapter 201 - APPLICABILITY, DEFINITIONS, OWNERSHIP AND GENERAL OPERATION OF LONG-TERM CARE NURSING FACILITIES › OWNERSHIP AND MANAGEMENT › Section 201.15 - Restrictions on license

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 [Reserved].
(b) A license becomes
					 automatically void without notice if any of the following conditions exist:
(1) The license term expires unless the term
					 expires due to a departmental delay, a Federal emergency or State disaster
					 emergency.
(2) There is a change in
					 ownership and the Department has not given prior approval.
(3) There is a change in the name of the
					 facility, and the Department has not given prior approval.
(4) There is a change in the location of the
					 facility and the Department has not given prior approval.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part IV - Health Facilities › Subpart C - Long-Term Care Facilities › Chapter 201 - APPLICABILITY, DEFINITIONS, OWNERSHIP AND GENERAL OPERATION OF LONG-TERM CARE NURSING FACILITIES › OWNERSHIP AND MANAGEMENT › Section 201.15a - Enforcement

Current through Register Vol. 54, No. 28, July 13, 2024
Actions the Department may take to enforce compliance
						with the act and this subpart include but are not limited to the
						following:
(a) Requiring a plan of
					 correction.
(b) Issuance of a
					 provisional license.
(c) License
					 revocation.
(d) Appointment of a
					 temporary manager.
(e) Limitation
					 or suspension of admissions to the facility.
(f) Assessment of fines or civil monetary
					 penalties.
The provisions of this §
													201.15a added under sections 102,
						  201(12), 601, 801.1 and 803 of the Health Care Facilities Act (35 P.S.
						  §§
														448.102,
						  448.201(12), 448.601,
						  448.801a and 448.803); and section 2102(a) and (g) of The Administrative Code
						  of 1929 (71 P.S. §
														532(a) and
						  (g)).
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part IV - Health Facilities › Subpart C - Long-Term Care Facilities › Chapter 201 - APPLICABILITY, DEFINITIONS, OWNERSHIP AND GENERAL OPERATION OF LONG-TERM CARE NURSING FACILITIES › OWNERSHIP AND MANAGEMENT › Section 201.15b - Appeals

Current through Register Vol. 54, No. 28, July 13, 2024
A final order or determination of the Department relating
						to licensure may be appealed by the provider of services to the Health Policy
						Board under section 2102(n) of The Administrative Code of 1929 (71 P.S. §
												532(n)).
The provisions of this §
													201.15b added under sections 102,
						  201(12), 601, 801.1 and 803 of the Health Care Facilities Act (35 P.S.
						  §§
														448.102,
						  448.201(12), 448.601,
						  448.801a and 448.803); and section 2102(a) and (g) of The Administrative Code
						  of 1929 (71 P.S. §
														532(a) and
						  (g)).
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part IV - Health Facilities › Subpart C - Long-Term Care Facilities › Chapter 201 - APPLICABILITY, DEFINITIONS, OWNERSHIP AND GENERAL OPERATION OF LONG-TERM CARE NURSING FACILITIES › OWNERSHIP AND MANAGEMENT › Section 201.17 - Location

Current through Register Vol. 54, No. 28, July 13, 2024
The facility shall be operated as a unit reasonably
						distinct from the other related services, if located in a building which offers
						various levels of health-related services.
The provisions of this §
													201.17 amended under section 803
						  of the Health Care Facilities Act (35 P. S. §
														448.803); and section 2102(g) of The
						  Administrative Code of 1929 (71 P. S. §
														532(g)).
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part IV - Health Facilities › Subpart C - Long-Term Care Facilities › Chapter 201 - APPLICABILITY, DEFINITIONS, OWNERSHIP AND GENERAL OPERATION OF LONG-TERM CARE NURSING FACILITIES › OWNERSHIP AND MANAGEMENT › Section 201.18 - Management

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 [Reserved].
(b) In addition to the
					 requirements under 42 CFR
					 483.70(d) (relating to
					 administration), the governing body of a facility shall adopt and enforce rules
					 relative to:
(1) The health care and safety
					 of the residents.
(2) Protection of
					 personal and property rights of the residents, while in the facility, and upon
					 discharge or after death, including the return of any personal property
					 remaining at the facility within 30 days after discharge or death.
(3) The general operation of the
					 facility.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part IV - Health Facilities › Subpart C - Long-Term Care Facilities › Chapter 201 - APPLICABILITY, DEFINITIONS, OWNERSHIP AND GENERAL OPERATION OF LONG-TERM CARE NURSING FACILITIES › OWNERSHIP AND MANAGEMENT › Section 201.19 - Personnel policies and procedures

Current through Register Vol. 54, No. 28, July 13, 2024
Personnel records shall be kept current and available for
						each facility employee and contain all of the following information:
(1) The employee's job description,
					 educational background and employment history.
(2) Employee performance evaluations,
					 including documentation of any monitoring, performance or disciplinary action
					 related to the employee.
(3)
					 Documentation of credentials, which shall include, at a minimum, current
					 certification, registration or licensure, if applicable, for the position to
					 which the employee is assigned.
(4)
					 A determination by a health care practitioner that the employee, as of the
					 employee's start date, is free from the communicable diseases or conditions
					 listed in §
											27.155 (relating to restrictions
					 on health care practitioners).
(5)
					 Records relating to a medical exam, if required by a facility, or attestation
					 that the employee is able to perform the employee's job duties.
(6) Documentation of the employee's
					 orientation to the facility and the employee's assigned position prior to or
					 within 1 week of the employee's start date.
(7) Documentation of the employee's
					 completion of required trainings under this chapter, including documentation of
					 orientation and other trainings.
(8)
					 A copy of the final report received from the Pennsylvania State Police and the
					 Federal Bureau of Investigation, as applicable, in accordance with the Older
					 Adults Protective Services Act (35 P.S. §§
												10225.101-10225.5102), the Adult Protective
					 Services Act (35 P.S. §§
												10210.101-10210.704) and applicable
					 regulations.
(9) In the event of a
					 conviction prior to or following employment, documentation that the facility
					 determined the employee's suitability for initial or continued employment in
					 the position to which the employee is assigned. ''Suitability for employment''
					 shall include a review of the offense; the length of time since the
					 individual's conviction; the length of time since incarceration, if any;
					 evidence of rehabilitation; work history; and the employee's job
					 duties.
(10) The employee's
					 completed employment application.
The provisions of this §
													201.19 amended under sections 102,
						  201(12), 601, 801.1 and 803 of the Health Care Facilities Act (35 P.S.
						  §§
														448.102,
						  448.201(12), 448.601,
						  448.801a and 448.803); and section 2102(a) and (g) of The Administrative Code
						  of 1929 (71 P.S. §
														532(a) and
						  (g)).
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part IV - Health Facilities › Subpart C - Long-Term Care Facilities › Chapter 201 - APPLICABILITY, DEFINITIONS, OWNERSHIP AND GENERAL OPERATION OF LONG-TERM CARE NURSING FACILITIES › OWNERSHIP AND MANAGEMENT › Section 201.20 - Staff development

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 There shall be an ongoing coordinated educational program which is planned and
					 conducted for the development and improvement of skills of the facility's
					 personnel, including, at a minimum, annual in-service training on the topics
					 outlined in 42 CFR
					 483.95 (relating to training requirements) in
					 addition to the following topics:
(1)
					 Accident prevention.
(2)
					 Restorative nursing techniques.
(3)
					 Emergency preparedness in accordance with
					 42 CFR
					 483.73(d) (relating to
					 emergency preparedness).
(4) Fire
					 prevention and safety in accordance with
					 42 CFR
					 483.90 (relating to physical
					 environment).
(5) Resident rights,
					 including nondiscrimination and cultural competency.
(6) Training needs identified through a
					 facility assessment.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part IV - Health Facilities › Subpart C - Long-Term Care Facilities › Chapter 201 - APPLICABILITY, DEFINITIONS, OWNERSHIP AND GENERAL OPERATION OF LONG-TERM CARE NURSING FACILITIES › OWNERSHIP AND MANAGEMENT › Section 201.21 - Use of outside resources

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 [Reserved].
(b)
					 [Reserved].
(c) In addition to the
					 requirements under 42 CFR
					 483.70(g) (relating to
					 administration), the responsibilities, functions, objectives and terms of
					 agreements related to outside resources shall be delineated in writing and
					 signed and dated by the parties.
(d) [Reserved].
(e) If
					 a facility acquires employees from outside resources, the facility shall obtain
					 confirmation from the outside resource that the employees are free from the
					 communicable diseases and conditions listed in §
											27.155 (relating to restrictions
					 on health care practitioners) and are able to perform their assigned job
					 duties.
The provisions of this §
													201.21 amended under section 803
						  of the Health Care Facilities Act (35 P. S. §
														448.803); and section 2102(g) of The
						  Administrative Code of 1929 (71 P. S. §
														532(g)).
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part IV - Health Facilities › Subpart C - Long-Term Care Facilities › Chapter 201 - APPLICABILITY, DEFINITIONS, OWNERSHIP AND GENERAL OPERATION OF LONG-TERM CARE NURSING FACILITIES › OWNERSHIP AND MANAGEMENT › Section 201.22 - Prevention, control and surveillance of tuberculosis (TB)

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The facility shall have a written TB
					 infection control plan with established protocols which address risk assessment
					 and management, screening and surveillance methods, identification, evaluation,
					 and treatment of residents and employees who have a possible TB infection or
					 active TB.
(b) Recommendations of
					 the Centers for Disease Control and Prevention (CDC), United States Department
					 of Health and Human Services (HHS) shall be followed in screening, testing and
					 surveillance for TB and in treating and managing persons with confirmed or
					 suspected TB.
(c)
					 [Reserved].
(d)
					 [Reserved].
(e)
					 [Reserved].
(f)
					 [Reserved].
(g)
					 [Reserved].
(h) [Reserved].
(i) [Reserved].
(j) [Reserved].
(k) [Reserved].
(l) [Reserved].
(m) [Reserved].
(n) [Reserved].
The provisions of this §
													201.22 amended under section 803
						  of the Health Care Facilities Act (35 P. S. §
														448.803); and section 2102(g) of The
						  Administrative Code of 1929 (71 P. S. §
														532(g)).
This section cited in 28 Pa. Code §
													201.21 (relating to use of outside
						  resources).
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part IV - Health Facilities › Subpart C - Long-Term Care Facilities › Chapter 201 - APPLICABILITY, DEFINITIONS, OWNERSHIP AND GENERAL OPERATION OF LONG-TERM CARE NURSING FACILITIES › OWNERSHIP AND MANAGEMENT › Section 201.23 - Closure of facility

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to the requirements set forth in
						42 CFR
						483.70(l) and (m) (relating
						to administration), the following conditions apply to the closure of a
						long-term care nursing facility:
(a)
					 [Reserved].
(b)
					 [Reserved].
(c)
					 [Reserved].
(c.1) The facility
					 shall develop a closure plan that includes all of the following:
(1) The identification of those who will be
					 responsible for the daily operation and management of the facility during the
					 closure process.
(2) The roles and
					 responsibilities, and contact information, for the facility owner and the
					 administrator or any replacement or temporary manager during the closure
					 process.
(3) Assurance that no new
					 residents will be admitted to the facility after the written notice of closure
					 is provided under subsection (c.3).
(4) A plan for identifying and assessing available facilities to
					 which residents can be transferred, taking into consideration each resident's
					 individual best interests and resident's goals, preferences and needs regarding
					 services, location and setting. This shall include all of the following:
(i) Interviewing each resident and resident
					 representative, if applicable, to determine each resident's goals, preferences
					 and needs.
(ii) Offering the
					 opportunity, to each resident and resident representative, if applicable, to
					 obtain information regarding options within the community.
(iii) Providing residents and resident
					 representatives, if applicable, with information or access to information
					 regarding providers and services.
(5) A plan for the communication and transfer of resident
					 information, including of medical records.
(6) Provisions for the ongoing operations and management of the
					 facility, its residents and staff during the closure process, that include all
					 of the following:
(i) Payment of salaries and
					 expenses.
(ii) Continuation of
					 appropriate staffing and resources to meet the needs of the residents,
					 including provision of medications, services, supplies and treatment.
(iii) Ongoing accounting, maintenance and
					 reporting of resident personal funds.
(iv) Labeling, safekeeping and appropriate
					 transfer of each resident's personal belongings.