§ 51.32. Exceptions for innovative programs.
This part is not intended to restrict the efforts of a health care facility to develop innovative and improved programs of management, clinical practice, physical renovation or structural design. Whenever this part appears to preclude a program which may improve the capacity of the health care facility to deliver higher quality care and services or to operate more efficiently without compromising patient or resident care, the Department encourages the health care facility to request appropriate exceptions under this chapter.
Notes of Decisions
Multiple hospitals filed petition for review in the nature of an action for mandamus against the Department of Health and others to require the Department to comply with provision in the 2005 General Appropriation Bill compelling Department and others to use portion of appropriations for the negotiation of criteria under the angioplasty demonstration project; however, because bill sought to compel Department to undertake actions in particular way, the appropriation conflicted with the Health Care Facilities Act that gave Department exclusive jurisdiction over health care providers and was, therefore, unconstitutional. Uniontown Hospital v. Department of Health, 905 A.2d 560, 565 (Pa. Cmwlth. 2006).
This section cited in 28 Pa. Code § 51.13 (relating to civil rights compliance records); 28 Pa. Code § 136.11 (relating to director); 28 Pa. Code § 138.11 (relating to director); 28 Pa. Code § 139.3 (relating to director); and 28 Pa. Code § 158.11 (relating to medical director).
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