Pennsylvania Statutes Title 35 P.S. Health and Safety § 446.3. Definitions

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:

“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.