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PA Bulletin, Doc. No. 11-389


Nursing Home Patient Safety Trust Fund Surcharge for Fiscal Year 2010-2011 as Provided for Under the Medical Care Availability and Reduction of Error Act

[41 Pa.B. 1261]
[Saturday, March 5, 2011]

 On March 20, 2002, the Medical Care Availability and Reduction of Error (MCARE) Act (MCARE Act) (40 P. S. §§ 1301.101—1303.910) was enacted. Among other provisions, the MCARE Act established the Patient Safety Authority (Authority) to collect, analyze and evaluate data regarding reports of serious events and incidents occurring in certain medical facilities and to make recommendations to those facilities regarding changes, trends and improvements in health care practices and procedures for the purpose of reducing the number and severity of serious events and incidents.

 The MCARE Act was amended in 2007 to add sections 401—411 (40 P. S. §§ 1303.401—1303.411), which requires nursing homes to electronically report health care-associated infection (HAI) data to the Department of Health (Department) and the Authority. Mandatory reporting of nursing home HAIs was implemented in June 2009.

 Section 409 of the MCARE Act (40 P. S. § 1303.409), states that every fiscal year (FY), beginning July 1, 2008, each nursing home shall pay the Department a surcharge on its licensing fee to provide sufficient revenues for the Authority to perform its responsibilities related to the MCARE Act. The base amount of $1,000,000 for FY 2008-2009 may be increased no more than the Consumer Price Index in each succeeding fiscal year.

 To assess the surcharge in an equitable manner, the number of licensed nursing home beds as of January 19, 2011, was totaled and that amount was divided into $800,000 (the amount requested by the Authority for the 2010-2011 MCARE surcharge assessment for nursing homes). The total number of licensed beds is 87,413. This equates to a surcharge of $9.15 per bed.

 To obtain a copy of the assessment for all facilities, send an e-mail to, and request the 2010-2011 MCARE surcharge assessment list for Nursing Care Facilities.

 Each facility will receive notification from the Department setting forth the amount due, date due and the name and address to which the payment should be sent. Payment will be due within 30 days. The MCARE Act authorizes the Department to assess an administrative penalty of $1,000 per day on facilities who fail to pay the surcharge by the due date.

 If a nursing care facility has any questions concerning this notice, a representative from that facility should contact Melanie Waters, Acting Deputy Secretary for Quality Assurance, 8th Floor Executive Offices, Health and Welfare Building, Harrisburg, PA, 17120, (717) 783-1078.

 Persons with a disability who require an alternative format of this document (for example, large print, audiotape or Braille) should contact Joanne Salsgiver, Director, Division of Acute and Ambulatory Care, Room 532, Health and Welfare Building, Harrisburg, PA 17120, (717) 783-8980, or for speech and/or hearing impaired persons V/TT (717) 783-6514 or the Pennsylvania AT&T Relay Service at (800) 654-5984.

Acting Secretary

[Pa.B. Doc. No. 11-389. Filed for public inspection March 4, 2011, 9:00 a.m.]

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