35 Pa. Stat. § 448.814

Current through P.A. Acts 2024-18
Section 448.814 - Provider violations
(a) Notice of violations.--Whenever the department shall upon inspection, investigation or complaint find a violation of this chapter or regulations adopted by the department pursuant to this chapter or pursuant to Federal law, it shall give written notice thereof specifying the violation or violations found to the health care provider. Such notice shall require the health care provider to take action or to submit a plan of correction which shall bring the health care facility into compliance with applicable law or regulation within a specified time. The plan of correction must be submitted within 30 days of receipt of the written notice or sooner if directed to do so by the department. The department may ban admissions or revoke a license before a plan of correction is submitted whenever deficiencies pose a significant threat to the health or safety of patients or residents.
(b) Appointment of temporary management.--When the health care provider has failed to bring the facility into compliance within the time specified by the department, or when the facility has demonstrated that it is unwilling or unable to achieve compliance, such as would convince a reasonable person that any correction of violations would be unlikely to be maintained, the department may petition the Commonwealth Court or the Court of Common Pleas of the county in which the facility is located to appoint temporary management designated as qualified by the department to assume operation of the facility at the facility's expense to assure the health and safety of the facility's patients or residents until improvements are made to bring the facility into compliance with the laws and regulations for licensure or until there is an orderly closure of the facility. In the alternative, the department in its discretion may proceed in accordance with this chapter.

35 P.S.§ 448.814

1979, July 19, P.L. 130, No. 48, § 814, added 1980, July 12, P.L. 655, No. 136, § 7, imd. effective. Affected 1982, Dec. 20, P.L. 1409, No. 326, art. III, § 318, effective in 60 days. Amended 1992, Dec. 18, P.L. 1602, No. 179, § 22, imd. effective.