2010 Pennsylvania Code
Title 23 - DOMESTIC RELATIONS
Chapter 63 - Child Protective Services
6316 - Admission to private and public hospitals.

     § 6316.  Admission to private and public hospitals.
        (a)  General rule.--Children appearing to suffer any physical
     or mental condition which may constitute child abuse shall be
     admitted to, treated and maintained in facilities of private and
     public hospitals on the basis of medical need and shall not be
     refused or deprived in any way of proper medical treatment and
     care.
        (a.1)  Newborns.--A newborn taken into protective custody
     pursuant to section 6315(a)(3) (relating to taking child into
     protective custody) shall be admitted to, treated and maintained
     in facilities of public and private hospitals on the basis of
     medical need and shall not be refused or deprived in any way of
     proper medical treatment and care. Once a newborn is taken into
     protective custody pursuant to section 6315(a)(3), the newborn
     shall be considered immediately eligible for Medicaid for
     payment of medical services provided. Until otherwise provided
     by court order, the county agency shall assume the
     responsibility for making decisions regarding the newborn's
     medical care.
        (b)  Failure of hospital to admit child or newborn.--The
     failure of a hospital to admit and properly treat and care for a
     child pursuant to subsection (a) or (a.1) shall be cause for the
     department to order immediate admittance, treatment and care by
     the hospital which shall be enforceable, if necessary, by the
     prompt institution of a civil action by the department. The
     child, through an attorney, shall also have the additional and
     independent right to seek immediate injunctive relief and
     institute an appropriate civil action for damages against the
     hospital.
     (Dec. 16, 1994, P.L.1292, No.151, eff. July 1, 1995; Dec. 9,
     2002, P.L.1549, No.201, eff. 60 days)

        2002 Amendment.  Act 201 amended subsec. (b) and added
     subsec. (a.1).