2024 Pennsylvania Consolidated & Unconsolidated Statutes
Act 75 - HEALTH CARE FACILITIES ACT - ADMINISTRATION
Session of 2024
No. 2024-75
HB 1853
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.
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(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.
APPROVED--The 17th day of July, A.D. 2024.
JOSH SHAPIRO
