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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 2336 (April 27, 2024).

49 Pa. Code § 39.81. Reporting by Department of Health of deficiencies found in a nursing home.


§ 39.81. Reporting by Department of Health of deficiencies found in a nursing home.

 Under an Interagency Agreement entered into between the Board and the Department of Health, the following reporting procedure will be utilized by the Board, in cooperation with the Department of Health, to report deficiencies which are found in a nursing home and which may be due to the practices of a licensed nursing home administrator:

   (1)  Reports required. If, after inspection, the Department of Health finds that deficiencies in a licensed nursing home may be due to the practices of a licensed nursing home administrator, the Department of Health shall, within 60 days following the discovery of the deficiency, cause a written report to be made to the Board.

   (2)  Contents of reports. Reports made under this section shall contain the following information:

     (i)   The name, address and license number of the nursing home administrator involved.

     (ii)   The date of the inspection by the Department of Health.

     (iii)   A description of the deficiency.

     (iv)   A statement of how the deficiency may be due to the practices of the licensed nursing home administrator.

     (v)   Other information the Department of Health may deem necessary.

   (3)  Confidentiality. A report or information furnished to the Board will be deemed a confidential communication and is not subject to inspection or disclosure, in any manner, except under subpoena issued in a pending action or proceeding.

   (4)  Disposition of reports. Upon receipt of a written report from the Department of Health, the Board will immediately refer the matter to its prosecuting attorney for further investigation, review or recommendation, as applicable, to its proper disposition.


   The provisions of this §  39.81 issued under section 12.1 of the Nursing Home Administrators License Act (63 P. S. §  1112.1).


   The provisions of this §  39.81 adopted June 23, 1989, effective June 24, 1989, 19 Pa.B. 2660.

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