§ 101-J. Definitions
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 72 P.S. Taxation and Fiscal AffairsEffective: April 11, 2022
Effective: April 11, 2022
72 P.S. § 101-J
§ 101-J. Definitions
The following words and phrases when used in this article shall have the meanings given to them in this section unless the context clearly indicates otherwise:
“Behavioral health provider.” The following:
(1) A long-term structured residence licensed under 55 Pa. Code Ch. 53201 (relating to requirements for long-term structured residence licensure).
(2) A residential treatment facility for adults licensed under Article X of the act of June 13, 1967 (P.L. 31, No. 21),2 known as the Human Services Code.
(3) A residential treatment facility licensed under 55 Pa. Code Ch. 38003 (relating to child residential and day treatment facilities) that meets the Medical Assistance reimbursement requirements for the provision of mental health treatment services provided in a residential treatment facility, as determined by the Department of Human Services. The term shall include psychiatric residential treatment facilities and nonaccredited residential treatment facilities.
(4) A private psychiatric hospital licensed under 55 Pa. Code Ch. 53004 (relating to private psychiatric hospitals).
(5) An inpatient hospital psychiatric unit approved under 55 Pa. Code Ch. 51005 (relating to mental health procedures).
“Clinical care services.” The diagnostic, treatment or rehabilitative services provided in an entity, including the following services:
(1) Radiology and diagnostic imaging, such as magnetic resonance imaging and positron emission tomography.
(2) Radiation therapy.
(3) Respiratory therapy.
(4) Phlebotomy.
(5) Electrocardiogram and electroencephalography.
(6) Laboratory medical services.
“Critical access hospital.” A hospital that meets either of the following:
(1) Has qualified under section 1861(mm)(1) of the Social Security Act (49 Stat. 620, 42 U.S.C. § 1395x(mm)(1)) as a critical access hospital under Medicare.
(2) A rural hospital that is licensed under section 808 of the act of July 19, 1979 (P.L. 130, No. 48),6 known as the Health Care Facilities Act, that provides inpatient medical care and other related services for surgery, acute medical conditions or injuries and that meet all of the following:
(i) Is located in a county of the sixth, seventh or eighth class that has no more than two Medical Assistance-enrolled general acute care hospitals.
(ii) Is located in a county that has greater than 17% of its population that are eligible for Medical Assistance or has greater than 10,000 persons eligible for Medical Assistance.
(iii) Has no more than 200 licensed and staffed beds.
(iv) Does not qualify as a critical access hospital under section 1861(mm)(1) of the Social Security Act as a critical access hospital under Medicare.
“Direct patient care activities.” The direct performance of any the following services to a patient by qualified staff:
(1) Assessment.
(2) Examination.
(3) Treatment.
(4) Medication administration.
(5) Rehabilitation.
(6) Direct care services.
(7) Preparation for clinical care services.
“Entity.” A behavioral health provider, critical access hospital, hospital or high Medical Assistance hospital.
“High Medical Assistance hospital.” As determined under the Medical Assistance dependency adjustment provisions of the Commonwealth's approved Title XIX State Plan, based on a hospital's approved Medical Assistance cost report for fiscal year 2018-2019.
“Hospital.” As follows:
(1) The term shall include the following:
(i) A hospital licensed by the Department of Health under section 808 of the Health Care Facilities Act that provides inpatient medical care and other related services for surgery, acute medical conditions or injuries.
(ii) A hospital licensed by the Department of Health under section 808 of the Health Care Facilities Act that specializes in services exclusively to infants, children, adolescents and young adults from birth up to the age of 21.
(iii) A critical access hospital.
(2) The term shall not include a Federal veterans' affairs hospital and a State-owned psychiatric hospital.
“Qualified staff.” An employee of an entity who is involved in direct patient care activities, environmental services or clinical care services. The term shall not include behavioral health executives, hospital executives, contracted staff, administrators and administrative support staff or physicians.
Credits
1929, April 9, P.L. 343, No. 176, art. I-J, § 101-J, added 2022, Jan. 26, P.L. 5, No. 2, § 2, imd. effective. Amended 2022, Feb. 9, P.L. 37, No. 9, § 1, effective in 60 days [April 11, 2022].
Footnotes
55 Pa. Code § 5320.1 et seq.
62 P.S. § 1001 et seq.
55 Pa. Code § 3800.1 et seq.
55 Pa. Code § 5300.1 et seq.
55 Pa. Code § 5100.1 et seq.
35 P.S. § 448.808.
72 P.S. § 101-J, PA ST 72 P.S. § 101-J
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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