APPEALS FROM DECISIONS PERTAINING TO LICENSURE
§ 197.81. Definitions.
(a) For purposes of appeals relating to licensure filed under Chapter 8 of the act (35 P. S. § § 448.801a—448.820) this section, and § § 197.82—197.94 (relating to appeals from decisions pertaining to licensure), the following terms, have the following meanings, unless the context clearly indicates otherwise:
Applicant—A person filing an application with the Department to maintain and operate a health care facility.
Decision—The term includes order, decree, rule or determination.
Health care facility—A general, tuberculosis, chronic disease or other type of hospital; a skilled nursing facility; a home health care agency; an intermediate care facility; an ambulatory surgical facility; and a birth center regardless of whether the facility is operated for profit or by an agency of the Commonwealth or local government. The term does not include an office used primarily for the private practice of medicine, osteopathy, optometry, chiropractic, podiatry or dentistry; a program which renders treatment or care for drug or alcohol abuse or dependence unless located within a health facility; or a facility providing treatment solely on the basis of prayer or spiritual means. A mental retardation facility is not a health care facility except to the extent that it provides skilled nursing care. The term health care facility does not apply to a facility which is conducted by a religious organization for the purpose of providing health care services exclusively to clergymen or other persons in a religious profession who are members of a religious denomination.
Home health care agency—An organization or part thereof staffed and equipped to provide nursing and at least one therapeutic service to disabled, aged, injured or sick persons in their place of residence. The agency may also provide other health-related services to protect and maintain persons in their own home.
Hospital—An institution having an organized medical staff which is primarily engaged in providing to inpatients, by or under the supervision of physicians, diagnostic and therapeutic services, and rehabilitation services for injured, disabled, pregnant, diseased or sick, or mentally ill persons. The term includes facilities for the diagnosis and treatment of disorders within the scope of specific medical specialties but not facilities caring exclusively for the mentally ill.
Intermediate care facility—An institution which provides on a regular basis health-related care and services to resident individuals who do not require the degree of care and treatment which a hospital or skilled nursing facility is designed to provide but who because of their mental or physical condition require health-related care and services above the level of room and board. Intermediate care facilities exclusively for the mentally retarded commonly called ICF/MR are not considered intermediate care facilities for the purpose of the act.
Licensee—A person who has been issued a license, including a provisional license, to maintain and operate a health care facility.
Skilled nursing facility—A facility or part of a facility in which professionally supervised nursing care and related medical and other health services are provided for a period exceeding 24 hours for two or more individuals who are not in need of hospitalization and are not relatives of the nursing home administrator but who—because of age, illness, disease, injury, convalescence or physical or mental infirmity—need the care.(b) Subsection (a) supplements 1 Pa. Code § 31.3 (relating to definitions).
Source The provisions of this § 197.81 adopted May 1, 1981, effective May 2, 1981, 11 Pa.B. 1455.
Cross References This section cited in 37 Pa. Code § 197.15 (relating to recording of proceedings).
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