35 Pa. Stat. § 448.802a

Current through P.A. Acts 2023-32
Section 448.802a - Definitions

The following words and phrases when used in this chapter shall have, unless the context clearly indicates otherwise, the meanings given them in this section:

"Abortion facility." Any public or private hospital, not subject to inspection and regulation under this act, and any clinic, center, medical school, medical training institution, physician's office, infirmary or other institution, which provides surgical services meant to terminate the clinically diagnosable pregnancy of a woman with knowledge that the termination by those means will, with reasonable likelihood, cause the death of the unborn child.

"Activities of daily living." The term includes, but is not limited to, services furnished to a consumer by an employee of a home care agency or an independent contractor referred from a home care registry in a consumer's place of residence or other independent living environment for compensation and which services provide assistance to the consumer with home management activities, respite care, companionship services and with personal care, including, but not limited to, assistance with self-administered medications, feeding, oral, skin and mouth care, shaving, assistance with ambulation, bathing, hair care and grooming, dressing, toileting and transfer activities. The term also includes instrumental activities of daily living. The term does not include services provided by a religious organization for the purpose of providing services exclusively to clergymen or consumers in a religious profession who are members of a religious denomination.

"Ambulatory surgical facility." A facility or portion thereof not located upon the premises of a hospital which provides specialty or multispecialty outpatient surgical treatment. Ambulatory surgical facility does not include individual or group practice offices of private physicians or dentists, unless such offices have a distinct part used solely for outpatient surgical treatment on a regular and organized basis. For the purposes of this provision, outpatient surgical treatment means surgical treatment to patients who do not require hospitalization, but who require constant medical supervision following the surgical procedure performed and in which the expected duration of services would not exceed 24 hours following an admission.

"Birth center." A facility not part of a hospital which provides maternity care to childbearing families not requiring hospitalization. A birth center provides a home-like atmosphere for maternity care, including prenatal labor delivery and postpartum care related to medically uncomplicated pregnancies.

"Deemed" or "deemed status." A process under which a hospital may be exempt from routine licensure renewal surveys conducted by the Department of Health.

"Health care facility." For purposes of Chapter 8, a health care facility includes, but is not limited to, a general, chronic disease or other type of hospital, a home health care agency, a home care agency, a hospice, a long-term care nursing facility, cancer treatment centers using radiation therapy on an ambulatory basis, an ambulatory surgical facility, a birth center regardless of whether such health care facility is operated for profit, nonprofit or by an agency of the Commonwealth or local government. The department shall have the authority to license other health care facilities as may be necessary due to emergence of new modes of health care. When the department so finds, it shall publish its intention to license a particular type of health care facility in the Pennsylvania Bulletin in accordance with the act of June 25, 1982 (P.L. 633, No. 181), known as the "Regulatory Review Act." The term health care facility shall not include an office used primarily for the private practice of a health care practitioner, nor a program which renders treatment or care for drug or alcohol abuse or dependence unless located within a health facility, nor a facility providing treatment solely on the basis of prayer or spiritual means. The term health care facility shall 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 care agency." An organization, exclusive of a home health care agency, that supplies, arranges or schedules employees to provide or perform activities of daily living or instrumental activities of daily living or companionship services or specialized care on an hourly, shift or continual basis to a consumer in the consumer's place of residence or other independent living environment for which the organization receives a fee, consideration or compensation of any kind. The term shall not include durable medical equipment providers or volunteer providers.

"Home care registry" or "registry." An organization or business entity or part thereof that supplies, arranges or refers independent contractors to provide activities of daily living or instrumental activities of daily living or specialized care in the consumer's place of residence or other independent living environment for which the registry receives a fee, consideration or compensation of any kind.

"Home health care agency." An organization or part thereof staffed and equipped to provide nursing and at least one therapeutic service to persons who are disabled, aged, injured or sick in their place of residence or other independent living environment. The agency may also provide other health-related services to protect and maintain persons in their place of residence or other independent living environment.

"Hospice." An organization licensed under this act to provide a coordinated program of palliative and supportive services provided in a home, independent living environment or inpatient setting which provides for physical, psychological, social and spiritual care of dying persons and their families. Services are provided by a medically directed interdisciplinary team of professionals and volunteers, and bereavement care is available to the family following the death of the patient. The term shall also be deemed to refer to services provided by such an organization.

"Hospital." An institution having an organized medical staff established for the purpose of providing to inpatients, by or under the supervision of physicians, diagnostic and therapeutic services for the care of persons who are injured, disabled, pregnant, diseased, sick or mentally ill, or rehabilitation services for the rehabilitation of persons who are injured, disabled, pregnant, diseased, sick or mentally ill. 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.

"Inspection." An examination by the department or its representatives, including interviews with the office staff, clients and individuals providing care and a review of documents pertinent to initial and continued licensure for the purpose of determining a home care agency's or home care registry's compliance with licensure requirements.

"Instrumental activities of daily living" or "IADL." This term includes, but is not limited to, meal preparation, shopping and errands, telephone use, light housework, laundry and transportation.

"Long-term care nursing facility." A facility that provides either skilled or intermediate nursing care or both levels of care to two or more patients, who are unrelated to the licensee, for a period exceeding 24 hours. Intermediate care facilities exclusively for the mentally retarded, commonly called ICF/MR, shall not be considered long-term care nursing facilities for the purpose of this act and shall be licensed by the Department of Public Welfare.

"National accreditation organization" or "accreditation organization." A nongovernmental organization that has been authorized by the Centers for Medicare and Medicaid Services (CMS) to conduct hospital surveys to ensure compliance with the CMS Conditions of Participation.

"Survey." An announced or unannounced examination by the Department of Health or its representatives, which may include an onsite visit, interviews with employees, patients and other individuals and review of medical and facility records, for the purpose of determining a health care facility's compliance with licensure requirements.

35 P.S. § 448.802a

Amended by P.L. TBD 2017 No. 70, § 1, eff. 2/20/2018.
Amended by P.L. 422 2013 No. 60, § 1, eff. 1/5/2014.
1979, July 19, P.L. 130, No. 48, § 802.1, added 1980 , July 12, P.L. 655, No. 136, §7, imd. effective. Amended 1992, Dec. 18, P.L. 1602, No. 179, § 21, imd. effective; 1998, Oct. 16, P.L. 777, No. 95, § 2, effective in 90 days; 2006, July 7, P.L. 334, No. 69, § 1, effective upon publication of regulations under 35 P.S. § 448.809a at 39 Pa.B. 6958 [Dec. 12, 2009]; 2011, Dec. 22, P.L. 563, No. 122, § 1, effective in 180 days [June 19, 2012]