§ 448.807-B. Sanctions
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and SafetyEffective: November 3, 2022
Effective: November 3, 2022
35 P.S. § 448.807-B
§ 448.807-B. Sanctions
<For application of 2022, Nov. 3, P.L. 1938, No. 128, to temporary health care services agencies based on date of commencement of operations, see § 2 of that act.>
(a) Grounds for sanctions.--The department may sanction a temporary health care services agency or a controlling person of the temporary health care services agency or refuse to issue a registration to the person that owns or operates the temporary health care services agency, as applicable, for any of the following reasons:
(1) Violating the provisions of this chapter or the regulations promulgated under section 808-B.1
(2) Failing to take immediate action to remedy a violation of the provisions of this chapter or the regulations promulgated under section 808-B in accordance with section 806-B(a).2
(9) For a temporary health care services agency operating in this Commonwealth on the effective date of this section, continuing operations without complying with the provisions of this chapter on or after the date when the provisions of this chapter are applicable to the temporary health services agency.
(3) Impose a civil penalty of no more than $5,000 for each incident in which the temporary health care services agency engages in conduct prohibited under subsection (a). Each day when the temporary health care services agency engages in conduct prohibited under subsection (a) shall constitute a separate and distinct incident.
(2) No earlier than five years after the date of the revocation of the registration, the person that owns or operates the temporary health care services agency may submit a petition to the department to apply for a new registration. The person that owns or operates the temporary health care services agency shall include an averment to facts to establish that the temporary health care services agency has been rehabilitated and the issuance of a new registration is not contrary to the public interest.
(3) The department may grant or deny the petition under paragraph (2) without conducting a hearing if the department accepts as true all facts averred in the petition, other than the conclusory averments regarding the temporary health care services agency's rehabilitation. If the department grants the petition under paragraph (2), the person that owns or operates the temporary health care services agency shall comply with the provisions of this chapter. If the department denies the petition under paragraph (2), the person that owns or operates the temporary health care services agency may not submit a new petition until one year has elapsed from the date of the denial.
(d) Administrative proceedings.--The department shall hold hearings and issue adjudications for proceedings conducted under this chapter in accordance with 2 Pa.C.S.3 (relating to administrative law and procedure) and shall conduct the proceedings in accordance with 1 Pa. Code Pt. II4 (relating to general rules of administrative practice and procedure).
Credits
1979, July 19, P.L. 130, No. 48, § 807-B, added 2022, Nov. 3, P.L. 1938, No. 128, § 1, imd. effective.
Footnotes
35 P.S. § 448.808-B.
35 P.S. § 448.806-B.
2 Pa.C.S.A. § 101 et seq.
1 Pa. Code § 31.1 et seq.
35 P.S. § 448.807-B, PA ST 35 P.S. § 448.807-B
Current through the end of the 2023 Regular Session. Some statute sections may be more current, see credits for details.
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