Pennsylvania Consolidated & Unconsolidated Statutes
Act 30 - HEALTH CARE FACILITIES ACT - LICENSURE, COVID-19 REGULATORY FLEXIBILITY AUTHORITY AND REPEAL

Session of 2022
No. 2022-30
 
HB 2401
 
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 licensure; providing for COVID-19 regulatory
flexibility authority; and making a related repeal.

 
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
 
Section 1.  Section 806(d) of the act of July 19, 1979 (P.L.130, No.48), known as the Health Care
Facilities Act, is amended to read:

Section 806.  Licensure.
* * *
(d)  Home health care agency regulations.--
(1)  In developing rules and regulations for licensure of home health care agencies the
department shall take into consideration the standards of national accreditation organizations
as the department may find appropriate.

(2)  Home health care services may be ordered by nurse practitioners and physician assistants
as provided under sections 1814(a) and 1835(a) of the Social Security Act (49 Stat.
620, 42 U.S.C. § 1395 et seq.), if the nurse practitioner's or physician assistant's
collaborating or supervising physician is identified in the patient's written plan
of treatment. Upon receipt of the necessary Federal waivers or approvals for medical
assistance programs under paragraph (3), home health care services for individuals
eligible for medical assistance may also be ordered by nurse practitioners and physician
assistants if the nurse practitioner's or physician assistant's collaborating or supervising
physician is identified in the patient's written plan of treatment.

(3)  The Department of Human Services shall submit a request for Federal waivers or approvals
for medical assistance programs to the Federal Government as necessary to implement
paragraph (2) and to ensure compliance with Federal law.

(4)  Within 30 days of issuance, an order of home health care services must be signed and
dated by a physician, nurse practitioner or physician assistant.

(5)  The department shall require home health care agencies providing home health aide services to comply with 42 CFR 484.80(h) (relating to condition of participation: home health aide services) for the purposes of this subsection.
(6)  Home health care agencies certified as providers by the department to the Federal
Government for purposes of the Medicare program shall be deemed to comply with and
satisfy the department's regulations governing home health care agencies.

* * *
Section 2.  The act is amended by adding a chapter to read:
CHAPTER 8-A
COVID-19 REGULATORY FLEXIBILITY AUTHORITY
Section 801-A.  Definitions.
The following words and phrases when used in this chapter shall have the meanings
given to them in this section unless the context clearly indicates otherwise:

"COVID-19."  The coronavirus disease 2019, being an infectious disease caused by severe acute respiratory
syndrome coronavirus 2 that was first identified during December 2019 in Wuhan, China.

"Declaration."  Any of the following:
(1)  the declaration of disaster emergency issued by the Governor on March 6, 2020, published
at 50 Pa.B. 1644 (March 21, 2020); or

(2)  a declaration of disaster emergency relating to COVID-19 which is issued after March
6, 2020.

"Federal public health emergency declaration."  The determination made on January 31, 2020, by the United States Secretary of Health
and Human Services under section 319 of the Public Health Service Act (58 Stat. 682,
42 U.S.C. § 247d) that a public health emergency exists relating to COVID-19 and any
renewal of the determination.

Section 802-A.  COVID-19 regulatory flexibility authority.
(a)  Extension.--The suspension of a regulatory statute prescribing the procedures for
conduct of Commonwealth business, or an order, rule or regulation of a Commonwealth
agency which was suspended under 35 Pa.C.S. § 7301(f)(1) (relating to general authority
of Governor) as of the last day that the declaration, as amended and renewed, was
in effect is extended until September 30, 2021, unless sooner terminated by the authority
which initially authorized the suspension.

(a.1)  Additional temporary extensions.--The following suspensions of regulatory statutes,
rules and regulations extended under subsection (a) which are in effect on September
30, 2021, are extended until March 31, 2022, unless sooner terminated by the authority
which initially authorized the suspension:

(1)  The following provisions enforced by the Department of Drug and Alcohol Programs:
(i)  28 Pa. Code § 715.6(d) (relating to physician staffing).
(ii)  28 Pa. Code § 715.9(a)(4) (relating to intake).
(iii)  28 Pa. Code § 715.16(e) (relating to take-home privileges).
(2)  The following provisions enforced by the Office of Administration:
(i)  71 Pa.C.S. § 2407 (relating to emergency appointments).
(ii)  Former 4 Pa. Code § 604.5 (relating to reassignments and transfers authorized).
(iii)  Former 4 Pa. Code § 604.6 (relating to initiation of transfers).
(iv)  Former 4 Pa. Code § 604.7 (relating to limitations on transfer).
(v)  Former 4 Pa. Code § 604.8 (relating to effect of transfer on probationary period).
(vi)  Former 4 Pa. Code § 604.9 (relating to transfer of classified service employees entering
the Senior Management Service).

(3)  The following provisions enforced by the Department of Banking and Securities:
(i)  7 Pa.C.S. § 6131(a.1) and (f)(2) (relating to application for license).
(ii)  12 Pa.C.S. § 6212(b)(2) (relating to initial license application).
(iii)  Section 4 of the act of April 6, 1937 (P.L.200, No.51), known as the Pawnbrokers License
Act.

(iv)  Section 8 of the act of April 8, 1937 (P.L.262, No.66), known as the Consumer Discount
Company Act.

(v)  Section 2 of the act of September 2, 1965 (P.L.490, No.249), referred to as the Money
Transmission Business Licensing Law.

(vi)  Section 301(b)(3) of the act of February 18, 1998 (P.L.146, No.22), known as the Check
Casher Licensing Act.

(vii)  Section 5(2) of the act of October 9, 2008 (P.L.1421, No.117), known as the Debt Management
Services Act.

(viii)  Section 313(a) of the act of July 9, 2014 (P.L.1022, No.118), known as the Debt Settlement
Services Act.

(4)  The following provisions enforced by the Department of Military and Veterans Affairs:
(i)  51 Pa.C.S. § 709 (relating to operation of State-owned vehicles).
(ii)  51 Pa.C.S. § 3105 (relating to association group life insurance for Pennsylvania National
Guard).

(iii)  Section 2407.
(iv)  4 Pa. Code § 39.93 (relating to general).
(v)  4 Pa. Code § 39.95 (relating to operation of State automobiles).
(5)  The following provisions enforced by the Department of Labor and Industry:
(i)  Section 449 of the act of June 2, 1915 (P.L.736, No.338), known as the Workers' Compensation
Act.

(ii)  Section 505.1 of the act of December 5, 1936 (2nd Sp.Sess., 1937 P.L.2897, No.1),
known as the Unemployment Compensation Law.

(iii)  Section 9(a)(2)(i) and (3) and (b)(2)(i) of the act of October 24, 2012 (P.L.1209,
No.151), known as the Child Labor Act.

(iv)  34 Pa. Code § 101.83 (relating to notification of filing of appeal).
(v)  34 Pa. Code § 101.110 (relating to notice of decision of Board).
(vi)  34 Pa. Code § 101.128 (relating to scheduling of telephone testimony).
(vii)  34 Pa. Code § 101.130 (relating to notice of testimony by telephone and use of documents).
(6)  The following provisions enforced by the Department of Revenue:
(i)  Section 903 of the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code
of 1971.

(ii)  Section 1502 of the Tax Reform Code of 1971.
(7)  Regulatory statutes, rules or regulations enforced by the Department of Health.
(8)  Regulatory statutes, rules or regulations enforced by the Department of Human Services.
(9)  Regulatory statutes, rules or regulations enforced by the Bureau of Professional and
Occupational Affairs.

(a.2)  Additional temporary extensions.--The following suspensions of regulatory statutes,
rules and regulations extended under subsection (a.1) which are in effect on March
31, 2022, are extended until June 30, 2022, unless sooner terminated by the authority
which initially authorized the suspension:

(1)  (Reserved).
(2)  (Reserved).
(3)  The following provisions enforced by the Department of Banking and Securities:
(i)  7 Pa.C.S. § 6131(a.1) and (f)(2).
(ii)  12 Pa.C.S. § 6212(b)(2).
(iii)  Section 4 of the Pawnbrokers License Act.
(iv)  Section 8 of the Consumer Discount Company Act.
(v)  Section 2 of the Money Transmission Business Licensing Law.
(vi)  Section 301(b)(3) of the Check Casher Licensing Act.
(vii)  Section 5(2) of the Debt Management Services Act.
(viii)  Section 313(a) of the Debt Settlement Services Act.
(4)  The following provisions enforced by the Department of Military and Veterans Affairs:
(i)  51 Pa.C.S. § 709.
(ii)  51 Pa.C.S. § 3105.
(iii)  Section 2407.
(iv)  4 Pa. Code § 39.93.
(v)  4 Pa. Code § 39.95.
(5)  The following provisions enforced by the Department of Labor and Industry:
(i)  (Reserved).
(ii)  Section 505.1 of the Unemployment Compensation Law.
(iii)  Section 9(a)(2)(i) and (3) and (b)(2)(i) of the Child Labor Act.
(iv)  34 Pa. Code § 101.83.
(v)  (Reserved).
(vi)  34 Pa. Code § 101.128.
(vii)  34 Pa. Code § 101.130.
(6)  (Reserved).
(7)  Regulatory statutes, rules or regulations enforced by the Department of Health other
than suspensions extended under subsection (a.3).

(8)  Regulatory statutes, rules or regulations enforced by the Department of Human Services
other than suspensions extended under subsection (a.3).

(9)  Regulatory statutes, rules or regulations enforced by the Bureau of Professional and
Occupational Affairs other than suspensions extended under subsection (a.3).

(a.3)  Additional extensions relating to Federal public health emergency declaration.--Suspensions
of regulatory statutes, rules and regulations extended under subsection (a.1) which
are in effect on March 31, 2022, and which are related to Federal exemptions granted
under the Federal public health emergency declaration are extended until the later
of the following, unless sooner terminated by the authority that initially authorized
the suspension:

(1)  the last day of the Federal public health emergency declaration; or
(2)  the last day Federal exemptions granted under the Federal public health emergency
declaration are authorized.

(a.4)  Additional temporary extensions.--The following suspensions of regulatory statutes,
rules and regulations extended under subsection (a.1) which are in effect on June
30, 2022, are extended until October 31, 2022, unless sooner terminated by the authority
which initially authorized the suspension:

(1)  (Reserved).
(2)  (Reserved).
(3)  The following provisions enforced by the Department of Banking and Securities:
(i)  7 Pa.C.S. § 6131(a.1) and (f)(2).
(ii)  (Reserved).
(iii)  (Reserved).
(iv)  (Reserved).
(v)  (Reserved).
(vi)  (Reserved).
(vii)  (Reserved).
(viii)  (Reserved).
(4)  The following provisions enforced by the Department of Military and Veterans
Affairs:

(i)  51 Pa.C.S. § 709.
(ii)  51 Pa.C.S. § 3105.
(iii)  Section 2407.
(iv)  4 Pa. Code § 39.93.
(v)  4 Pa. Code § 39.95.
(5)  The following provisions enforced by the Department of Labor and Industry:
(i)  (Reserved).
(ii)  Section 505.1 of the Unemployment Compensation Law.
(iii)  Section 9(a)(2)(i) and (3) and (b)(2)(i) of the Child Labor Act.
(iv)  34 Pa. Code § 101.83.
(v)  (Reserved).
(vi)  34 Pa. Code § 101.128.
(vii)  34 Pa. Code § 101.130.
(6)  (Reserved).
(7)  Regulatory statutes, rules or regulations enforced by the Department of Health
other than suspensions extended under subsection (a.3).

(8)  Regulatory statutes, rules or regulations enforced by the Department of Human
Services other than suspensions extended under subsection (a.3).

(9)  Regulatory statutes, rules or regulations enforced by the Bureau of Professional
and Occupational Affairs other than suspensions extended under subsection (a.3).

(b)  Applicability.--
(1)  A suspension which is extended under subsection (a) shall be retroactive to the last
day that the declaration, as amended and renewed, was in effect.

(2)  A suspension extended under subsection (a.1) shall be retroactive to September 30,
2021.

(c)  Notice.--Upon the termination of an extension or a suspension under subsection (a),
(a.1), (a.2), (a.3) or (a.4), the authority which terminated the extension of the
suspension shall notify all of the following:

(1)  The President pro tempore of the Senate.
(2)  The Majority Leader of the Senate.
(3)  The Minority Leader of the Senate.
(4)  The Speaker of the House of Representatives.
(5)  The Majority Leader of the House of Representatives.
(6)  The Minority Leader of the House of Representatives.
(7)  The chair and minority chair of each committee of the Senate and the chair and minority
chair of each committee of the House of Representatives which have oversight authority
over the Commonwealth agency which administers the regulatory statute, order, rule
or regulation.

(d)  Reports.--
(1)  No later than November 1, 2021, each authority which initially authorized a suspension
which was extended under subsection (a) shall issue a report, which shall be published
on the authority's publicly accessible Internet website.

(2)  No later than May 31, 2022, each authority which initially authorized a suspension
which was extended under subsection (a.1) shall issue an updated report, which shall
be published on the authority's publicly accessible Internet website and shall be
provided to each member of the General Assembly.

(2.1)  No later than August 31, 2022, each authority which initially authorized a suspension
which was extended under subsection (a.2) shall issue an updated report, which shall
be published on the authority's publicly accessible Internet website and shall be
provided to each member of the General Assembly.

(2.2)  No later than 60 days after the last day that the Federal public health emergency
declaration is in effect, each authority which initially authorized a suspension which
was extended under subsection (a.3) shall issue an updated report, which shall be
published on the authority's publicly accessible Internet website and shall be provided
to each member of the General Assembly.

(2.3)  No later than December 31, 2022, each authority which initially authorized
a suspension which was extended under subsection (a.4) shall issue an updated report,
which shall be published on the authority's publicly accessible Internet website and
shall be provided to each member of the General Assembly.

(3)  A report under this subsection shall include all of the following:
(i)  A list of each suspension which was extended under subsections (a), (a.1), (a.2),
(a.3) and (a.4). The list under this paragraph shall include a reference to the regulatory
statute, order, rule or regulation which was suspended.

(ii)  For each suspension under subparagraph (i) which was extended under subsection (a):
(A)  Whether the extension of the suspension was terminated under subsection (a) prior
to September 30, 2021, and the date of the termination.

(B)  Whether the extension of the suspension expired on September 30, 2021.
(C)  Whether the extension was extended under subsection (a.1).
(iii)  For each suspension under subparagraph (i) which was extended under subsection (a.1):
(A)  Whether the extension of the suspension was terminated under subsection (a.1) prior
to March 31, 2022, and the date of the termination.

(B)  Whether the extension of the suspension expired on March 31, 2022.
(C)  Whether the extension was extended under subsection (a.2).
(D)  Whether the extension was extended under subsection (a.3).
(E)  Whether the authority recommends that the policy underlying the suspension be enacted
permanently into statute or regulation. The authority may include analysis related
to the recommendation.

(iv)  For each suspension under subparagraph (i) which was extended under subsection (a.2):
(A)  Whether the extension of the suspension was terminated under subsection (a.2) prior
to June 30, 2022, and the date of the termination.

(B)  Whether the extension of the suspension expired on June 30, 2022.
(C)  Whether the extension was extended under subsection (a.4).
(v)  For each suspension under subparagraph (i) which was extended under subsection (a.3):
(A)  Whether the extension of the suspension was terminated under subsection (a.3) prior
to the last day that the Federal public health emergency declaration is in effect
and the date of the termination.

(B)  If applicable, the last day that the Federal public health emergency declaration is
in effect.

(vi)  For each suspension under subparagraph (i) which was extended under subsection
(a.4):

(A)  Whether the extension of the suspension was terminated under subsection (a.4)
prior to October 31, 2022, and the date of the termination.

(B)  Whether the extension of the suspension expired on October 31, 2022.
Section 3.  Repeals are as follows:
(1)  The General Assembly declares that the repeal under paragraph (2) is necessary to
effectuate the addition of Chapter 8-A of the act.

(2)  Article XXI-F of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative
Code of 1929, is repealed.

Section 4.  The provisions of 28 Pa. Code §§ 601.31 and 601.35 are abrogated insofar as they are
inconsistent with the amendment of section 806(d) of the act.

Section 5.  This act shall take effect immediately.
 
APPROVED--The 30th day of June, A.D. 2022.
 
TOM WOLF

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