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§ 448.809. Term and content of license

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and SafetyEffective: January 6, 2014

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 35 P.S. Health and Safety (Refs & Annos)
Chapter 1C. Health Care Facilities Act (Refs & Annos)
Chapter 8. Licensing of Health Care Facilities (Refs & Annos)
Effective: January 6, 2014
35 P.S. § 448.809
§ 448.809. Term and content of license
(a) Contents.--All licenses issued by the department under this chapter shall:
(1) be issued for a specified length of time as follows, including the provision of section 804(b):1
(i) all health care facilities other than hospitals for a period of one year with the expiration date to be the last day of the month in which license is issued;
(ii) provisional licenses for the length of time to be determined by the department upon issuance of the provisional license;
(iii) all hospitals requesting that the department rely on the reports of a national accreditation organization as set forth under section 806(i)(1)2 and meeting the requirements of section 810.1(a):3
(A) an initial license with an expiration date to be the last day of the month of the hospital's current accreditation cycle; and
(B) subsequently, provided the hospital is a deemed hospital in good standing, a license for the duration of the accreditation cycle with the expiration date to be the last day of the month in which the accreditation expires; and
(iv) all hospitals licensed by compliance with the department's regulations for a period of three years, with the expiration date to be the last day of the month in which the license is issued;
(2) be on a form prescribed by the department;
(3) not be transferable except upon prior written approval of the department;
(4) be issued only to the health care provider and for the health care facility or facilities named in the application;
(5) specify the maximum number of beds, if any, to be used for the care of patients in the facility at any one time; and
(6) specify limitations which have been placed on the facility.
(b) Posting.--The license shall at all times be posted in a conspicuous place on the provider's premises.
(c) Visitation.--Whenever practicable, the department shall make its visitations and other reviews necessary for licensure contemporaneously with similar visitations and other reviews necessary for provider certification in the Medicare and medical assistance programs and the department shall endeavor to avoid duplication of effort by the department and providers in the medical assistance and Medicare provider certification and licensure procedures. This shall not preclude the department from unannounced visits.
(d) Use of beds in excess of maximum.--Except in case of natural disasters, catastrophes, acts of bioterrorism, epidemics or other emergencies, no license shall permit the use of beds for inpatient use in the licensed facility in excess of the maximum number set forth in the license without first obtaining written permission from the department: Provided, That during the period of a license, a health care facility may without the prior approval of the department increase the total number of beds by not more than ten beds or 10% of the total bed capacity, whichever is less.

Credits

1979, July 19, P.L. 130, No. 48, § 809, added 1980, July 12, P.L. 655, No. 136, § 7, imd. effective. Amended 1992, Dec. 18, P.L. 1602, No. 179, § 21, imd. effective; 2013, July 9, P.L. 422, No. 60, § 4, effective in 180 days [Jan. 6, 2014].

Footnotes

35 P.S. § 448.804(b).
35 P.S. § 448.806.
35 P.S. § 448.810a.
35 P.S. § 448.809, PA ST 35 P.S. § 448.809
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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