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§ 446.3. Definitions

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and SafetyEffective: April 20, 2012

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 35 P.S. Health and Safety (Refs & Annos)
Chapter 1A-1. Long-Term Care Nursing Facility Independent Informal Dispute Resolution Act
Effective: April 20, 2012
35 P.S. § 446.3
§ 446.3. Definitions
Currentness
The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:
“Deficiency.” A long-term care nursing facility's alleged noncompliance with a requirement of the Social Security Act (49 Stat. 620, 42 U.S.C. § 301 et seq.), 42 CFR Pt. 483 Subpt. B (relating to requirements for long term care facilities),1 the act of July 19, 1979 (P.L. 130, No. 48), known as the Health Care Facilities Act,2 or 28 Pa. Code Pt. IV Subpt. C (relating to long-term care facilities).3
“Department.” The Department of Health of the Commonwealth.
“Facility.” A long-term care nursing facility.
“Independent IDR.” An appeal process conducted by an independent IDR agent, in compliance with 42 CFR 488.331 (relating to informal dispute resolution), by which a long-term care facility may challenge deficiencies cited during a survey and certification inspection by the Department of Health.
“Independent IDR agent.” The entity designated by the Department of Health to conduct an independent IDR on its behalf.
“Informal dispute resolution” or “IDR.” An appeal process within the Department of Health, in compliance with 42 CFR 488.331 (relating to informal dispute resolution), by which a long-term care facility may challenge deficiencies cited during a survey and certification inspection by the Department of Health.
“Plan of correction.” A facility's response to deficiencies that explain:
(1) The manner by which corrective action will be accomplished.
(2) The manner by which the facility will identify other residents who might be affected by the deficient practice.
(3) The measures that will be used or systemic changes that will be made by the facility to ensure that the deficient practice will not recur.
(4) The manner by which the facility will monitor its operations to ensure that corrective actions are sustained.
“QIO.” A federally designated Medicare quality improvement organization.
“State Operations Manual.” The Centers for Medicare and Medicaid Services State Operations Manual.
“Statement of deficiencies.” Written notice by the Department of Health to a facility specifying the items of noncompliance found upon completion of a survey.
“Survey.” An inspection of a facility conducted by representatives of the Department of Health in accordance with procedures outlined in Chapter 7 of the Centers for Medicare and Medicaid Services State Operations Manual relating to survey and enforcement process for skilled nursing facilities and nursing facilities.

Credits

2011, Dec. 22, P.L. 592, No. 128, § 3, effective in 120 days [April 20, 2012].

Footnotes

1
42 C.F.R. § 483.1 et seq.
2
35 P.S. § 448.101 et seq.
3
28 Pa. Code § 201.1 et seq.
35 P.S. § 446.3, PA ST 35 P.S. § 446.3
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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