Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart L - State Health Facility Hearing Board › Chapter 197 - PRACTICE AND PROCEDURE › APPEALS FROM DECISIONS PERTAINING TO LICENSURE › Section 197.81 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) For purposes of
					 appeals relating to licensure filed under Chapter 8 of the act (35 P. S.
					 §§
												448.801a-448.820) this section,
					 and §§
											197.82-197.94 (relating to appeals from
					 decisions pertaining to licensure), the following terms, have the following
					 meanings, unless the context clearly indicates otherwise:
Applicant
-A person filing an application
						with the Department to maintain and operate a health care facility.
Decision
-The term includes order,
						decree, rule or determination.
Health care facility
-A general,
						tuberculosis, chronic disease or other type of hospital; a skilled nursing
						facility; a home health care agency; an intermediate care facility; an
						ambulatory surgical facility; and a birth center regardless of whether the
						facility is operated for profit or by an agency of the Commonwealth or local
						government. The term does not include an office used primarily for the private
						practice of medicine, osteopathy, optometry, chiropractic, podiatry or
						dentistry; a program which renders treatment or care for drug or alcohol abuse
						or dependence unless located within a health facility; or a facility providing
						treatment solely on the basis of prayer or spiritual means. A mental
						retardation facility is not a health care facility except to the extent that it
						provides skilled nursing care. The term health care facility does not apply to
						a facility which is conducted by a religious organization for the purpose of
						providing health care services exclusively to clergymen or other persons in a
						religious profession who are members of a religious denomination.
Home health care agency
-An organization
						or part thereof staffed and equipped to provide nursing and at least one
						therapeutic service to disabled, aged, injured or sick persons in their place
						of residence. The agency may also provide other health-related services to
						protect and maintain persons in their own home.
Hospital
-An institution having an
						organized medical staff which is primarily engaged in providing to inpatients,
						by or under the supervision of physicians, diagnostic and therapeutic services,
						and rehabilitation services for injured, disabled, pregnant, diseased or sick,
						or mentally ill persons. The term includes facilities for the diagnosis and
						treatment of disorders within the scope of specific medical specialties but not
						facilities caring exclusively for the mentally ill.
Intermediate care facility
-An
						institution which provides on a regular basis health-related care and services
						to resident individuals who do not require the degree of care and treatment
						which a hospital or skilled nursing facility is designed to provide but who
						because of their mental or physical condition require health-related care and
						services above the level of room and board. Intermediate care facilities
						exclusively for the mentally retarded commonly called ICF/MR are not considered
						intermediate care facilities for the purpose of the act.
Licensee
-A person who has been issued a
						license, including a provisional license, to maintain and operate a health care
						facility.
Skilled nursing facility
-A facility or
						part of a facility in which professionally supervised nursing care and related
						medical and other health services are provided for a period exceeding 24 hours
						for two or more individuals who are not in need of hospitalization and are not
						relatives of the nursing home administrator but who-because of age, illness,
						disease, injury, convalescence or physical or mental infirmity-need the
						care.
(b) Subsection (a)
					 supplements 1 Pa. Code §
											31.3 (relating to
					 definitions).
This section cited in 37 Pa. Code §
													197.15 (relating to recording of
						  proceedings).