The duties, powers, and organization of the Budget Management Department shall be as set forth in Article
VI of this chapter.
[Amended 12-1-1992 by Ord. No. 92-5; 8-3-2010 by Ord. No. 2010-3; 10-20-2021 by Ord. No. 2021-9]
A. Function. The Department of Health shall be responsible for the delivery
of coordinated health services provided by the County and shall be
headed by a Director.
B. Duties. The Department of Health shall have all powers and duties
provided under the Pennsylvania Local Health Administration Law, 16
P.S. § 12001 et seq. (the "Local Health Administration Law").
C. Organization.
(1) The Board of Health. A Board of Health has been and shall continue
to be appointed and organized as set forth in, and with the powers
and duties provided under, the Local Health Administration Law.
(2) Health Director. The Board of Health shall appoint the Health Director
as set forth in the Local Health Administration Law. The Health Director
shall have the powers and duties provided under the Local Health Administration
Law. The Health Director shall report directly to the Executive Director.
D. Financial administration. The financial administration of the Department
of Health, including the fixing of the compensation of the Health
Director and the fixing of the number and compensation of all other
employees of the Department of Health, shall be governed by the County's
Charter, this Administrative Code and any other law generally applicable
to the County.
E. Property and contracts. The County shall acquire real and personal
property for the exercise of the powers and duties of the Department
of Health and may make contracts incident to the operation of the
Department of Health. The acquisition, holding and transfer of property
and the making of contracts incident to the operation of the Department
of Health shall be governed by the County's Charter, this Administrative
Code and any other law generally applicable to the County.
F. Intercommunity Health Coordination. All responsibilities of the Department
of Intercommunity Health Coordination shall be fulfilled by the Department
of Health.
G. Approval of rules and regulations. County Council shall approve or
reject rules and regulations of the Board of Health adopted under
16 P.S. § 12011 pursuant to resolution of County Council.
H. Hospital closings.
[Added 4-20-2022 by Ord. No. 2022-5]
(1) A hospital, as defined in Subsection
I, that determines to close all or most of its units or departments ("a general hospital closing"), or that determines to close an emergency treatment unit or department (including advanced life support services), a labor and delivery unit or department, a behavioral health unit or department (including mental health and drug and alcohol treatment) or another specified unit or department (a "significant impact unit closing"), shall give written notice of an intent to close to the Department of Health upon making such a determination, but in no event less than 180 days from the anticipated date of closure. "Specified unit or department" means any unit or department that the Department of Health determines might significantly impact the health and welfare of all or a portion of the County's residents so that advanced notice and planning is warranted. The Department of Health shall give notice of its determination of a specified unit or department to all hospitals operating such a unit or department within 30 days of such determination.
(2) A hospital
shall not close any units or departments as part of a general hospital
closing or engage in a significant impact unit closing except pursuant
to a written Closure Plan approved by the Health Director. Approval
shall be based on a determination that continuity of patient care
and the health and safety needs of the affected residents have been
adequately addressed with respect to the approved portion of the Closure
Plan. Such approval may be conditioned on agreement by the hospital
to relevant conditions necessary to comply with that standard.
(3) An initial
Closure Plan shall be provided to the Department of Health no later
than 120 days from the anticipated date of closure. Updates on the
progress of implementation of the Plan, and any changes to any portion
of the Plan, whether approved or not, shall be provided every two
weeks after provision of the initial Plan until closing is complete.
(4) The
Health Director may require attendance at meetings and involvement
in discussions by hospital executive staff and administration, as
well as access to relevant information and documents, in order to
evaluate the proposed Closure Plan and compliance with an approved
Closure Plan.
(5) A Closure
Plan shall address the following with respect to the hospital for
a general hospital closing or with respect to the affected units or
departments for a significant impact unit closing:
(b) Plans
for the closure of the affected departments and units of the hospital,
including with respect to continuity of patient care in each department
and unit and the transfer of patients to other facilities.
(c) Plans
with respect to specialized programs or groups of patients particularly
vulnerable to interruptions in medical care, such as cancer chemotherapy,
prenatal care or behavioral health.
(d) Plans
for the closure of the emergency department, including diversion to
other hospital emergency departments and the interface with emergency
medical services.
(e) Written
agreements with other health care providers to accept responsibility
for continuing the care of patients receiving ongoing care at the
hospital.
(f) Plans
for how all medical records (including paper and electronic records)
will be maintained throughout and after the closure and how those
medical records will be made available to former patients and the
physicians who provide care for such patients.
(g) Plans
for the maintenance, transfer and disposal of pharmaceuticals, chemicals,
hazardous substances and other similar materials located at the facility.
(h) The
anticipated time line for closing the hospital's various units and
departments.
(i) A
communications and engagement plan with respect to the affected community,
which shall include a public meeting held in the affected community.
(j) Changes
in the hospital's governing body, administration and medical staff
leadership as the closure is implemented.
(k) A
plan by the hospital regarding the hospital's efforts to assist affected
workers and students with finding suitable employment and educational
opportunities and plans with respect to continuation of insurance
and to address effects bargaining for represented employees.
(l) Plans
with respect to maintaining ongoing hospital security.
(m) Plans
for supervising compliance with, and updates of, the Plan.
(6) If the
Health Director determines that a hospital, including its officers,
directors or affiliates, has violated or is violating the provisions
of this subsection, the County Solicitor may institute an action in
a court of competent jurisdiction to compel compliance with this subsection
and otherwise enforce the County's police and regulatory powers to
protect public health and safety.
(7) If a
court finds that a hospital has failed to comply with this subsection,
the court may, without limitation: a) enjoin the hospital, including
its officers, directors, or affiliates, from carrying out any and
all actions in furtherance of the closing until the hospital has given
proper notice or has otherwise complied with the requirements of this
subsection; or b) appoint a special master or temporary manager to
ensure that the hospital prepares an adequate Closure Plan and complies
with the Closure Plan.
(8) Nothing
in this subsection shall be construed as creating obligations for
the County or its officials to relieve, discharge, perform, indemnify,
or assume liability for any obligation or responsibility whatsoever
belonging to the hospital or its officers, directors, and affiliates.
(9) If any
clause, sentence, paragraph or part of this subsection, or the application
thereof to any person or circumstance, shall for any reason be adjudged
by a court of competent jurisdiction to be invalid, such judgment
shall not affect, impair or invalidate the remainder of this subsection
nor the application of such clause, sentence, paragraph or part to
other persons or circumstances but shall be confined in its operation
to the clause, sentence, paragraph or part thereof and to the persons
or circumstances directly involved in the controversy in which such
judgment shall have been rendered. It is hereby declared to be the
legislative intent that this subsection would have been adopted had
such provisions not been included or such persons or circumstances
been expressly excluded from their coverage.
I. Changes
in ownership of long-term care facilities and hospitals.
[Added 4-20-2022 by Ord. No. 2022-5]
(1) Definitions.
As used in this subsection, the following terms shall have the meanings
indicated:
HOSPITAL
An institution located in or providing services to residents
of the County having an organized medical staff established for the
purpose of providing to inpatients, by or under the supervision of
physicians, diagnostic and therapeutic services for the care of persons
who are injured, disabled, pregnant, diseased, sick or mentally ill
or rehabilitation services for the rehabilitation of persons who are
injured, disabled, pregnant, diseased, sick or mentally ill. The term
includes facilities for the diagnosis and treatment of disorders within
the scope of specific medical specialties.
LONG-TERM CARE FACILITY
A group living facility that provides long-term medical or
personal care to residents of the County who are unable to manage
independently in the community, including, but not limited to, assisted
living facilities, nursing homes, skilled and unskilled nursing facilities,
rehabilitation facilities, and similar group living facilities dedicated
to the care of older adults or other medically vulnerable populations
other than a long-term care facility owned and/or operated by the
County.
OWNERSHIP INTEREST
Ownership involving 5% or more of the stock, equity or other
ownership, including indirect ownership, stake in a facility or the
operator of a facility.
(2) The
owner and proposed purchaser of a long-term care facility or hospital
shall, jointly or separately, give written notice to the Department
of Health and shall each post and keep posted, in conspicuous and
accessible places on their premises in such locations where notices
to employees are customarily posted, notice of an intent to: a) purchase,
sell or otherwise transfer an ownership interest in the facility or
hospital; or b) transfer or obtain a required governmental license
to operate such facility or hospital upon making a determination to
enter into such a transaction, but in no event less than 45 days prior
to the anticipated purchase, sale or transfer of ownership or transfer
or application for licensure.
(3) The
notice of intent must provide the following:
(a) The
name and address of the facility or hospital.
(b) The
name, address and a description of the corporate organizational structure
of the legal entity seeking to obtain an ownership interest and/or
license with respect to the facility or hospital.
(c) The
name of all persons or entities with an ownership interest in the
entity seeking to obtain an ownership interest and/or license with
respect to the facility or hospital; the percentage of each such ownership
interest; the names and addresses of any members of the boards or
ex officio corporate officers; any not-for-profit organizations with
such an ownership interest. Excluded from this requirement are those
persons or entities whose ownership interest is of shares in a publicly
traded corporation.
(d) The
names and addresses of long-term care facilities and hospitals currently
or previously owned or managed by the entity seeking to obtain an
ownership interest and/or license with respect to the facility or
hospital, or by any of the persons or entities holding a direct or
indirect controlling interest in the entity seeking to obtain such
an interest or license, and the name of the jurisdictions in which
those facilities or hospitals are operated and licensed.
(4) No later
than 35 days prior to the effective date of sale of an ownership interest
in a long-term care facility or hospital, the owner or operator of
the facility or hospital shall submit to the County Clerk and post
documentary evidence reflecting sale or transfer of ownership on its
public and internal websites, if such exist, in locations where employment-related
notices can be readily accessed by employees. Every seven days after
the initial submission, the owner or operator shall submit updates
to such documents and any changes made to such documents. The documentary
evidence shall include:
(a) A
copy of any licensing application or license transfer request related
to operation of the facility or hospital submitted to the Pennsylvania
Department of Health or other Commonwealth of Pennsylvania agency
and all supporting documentation.
(b) The
names and addresses of all individuals and entities with a current
or indirect ownership stake and the new ownership stake in the real
property of the facility or hospital.
(c) The
names and addresses of the holders, or prospective holders, of any
leases related to the facility or hospital.
(5) No more than five business days after receipt of any notice of intent submitted pursuant to Subsection
I(2), the Department of Health shall post on its website the name of the facility or hospital, the incumbent owners of the facility or hospital, and the proposed purchasers identified in the notice of intent.
(6) In addition to submission of the information required under Subsection
I(2) and
(4), the entity acquiring an ownership interest shall submit to the Department of Health and post, on its public and internal websites, if such exist, in locations where employment-related notices can be readily accessed by employees, information demonstrating the acquiring entity's history of successful financial management, including: a) audited financial statements for the past three fiscal years for each corporate entity with a direct or indirect ownership interest in the acquiring entity; b) copies of all financing agreements entered into by the acquiring entity related to financing the purchase of the ownership interest in the facility or hospital; and c) documents demonstrating the acquiring entity's source of funding sufficient to operate the facility or hospital for a minimum of 90 days subsequent to the effective date of the transfer of ownership.
(7) Upon
the completion of the sale, the acquiring entity shall submit to the
Department of Health and immediately post notice of the transaction
and the effective date of the transfer of ownership on its public
and internal websites, if such exist, in locations where employment-related
notices can be readily accessed by employees.
(8) If any
clause, sentence, paragraph or part of this subsection, or the application
thereof to any person or circumstance, shall for any reason be adjudged
by a court of competent jurisdiction to be invalid, such judgment
shall not affect, impair or invalidate the remainder of this subsection
nor the application of such clause, sentence, paragraph or part to
other persons or circumstances but shall be confined in its operation
to the clause, sentence, paragraph or part thereof and to the persons
or circumstances directly involved in the controversy in which such
judgment shall have been rendered. It is hereby declared to be the
legislative intent that this subsection would have been adopted had
such provisions not been included or such persons or circumstances
been expressly excluded from their coverage.
The Duties of Personnel shall be as set forth in Article
IV of this chapter.
[Amended 7-28-1992 by Ord. No. 92-3; 9-17-1996 by Ord. No.
96-2]
A. Function. The function of the Department of Public
Works is the responsibility for the development, engineering design,
and administration for construction projects for physical structures
and facilities owned and maintained by the County. The Department
shall be headed by a Director.
B. Duties. The duties of the Department include, but
are not necessarily limited to, the following:
(1) Administration of liquid fuels tax fund distributions
to County municipalities.
(2) Development of comprehensive capital and maintenance
programs for all County-owned bridges.
(3) Planning, development and implementation of short-term
and long-term capital improvements.
(4) Analysis of requests for improvements and determination
of necessity, validity, and cost effective means for solution.
(5) Supervision of preparation of construction bidding
documents and cost estimates by design professionals.
(6) Inspections of construction projects in progress to
ensure compliance with design concepts and schedules.
(7) Development of chronology required for distribution
from capital monies.
C. Organization. The Department shall be organized into
the following divisions:
(1) County Buildings Engineering Division shall be responsible
for providing engineering services for all County buildings;
(2) Roads and Bridges Division shall be responsible for
maintenance of all County roads and bridges in Delaware County.
[Amended 12-1-1992 by Ord. No. 92-5; 9-17-1996 by Ord. No.
96-2]
A. The Department of County Facilities Management is
responsible for the management, operation and maintenance of County-owned
buildings and facilities, including custodial, grounds and snow removal,
assists in the design and construction management for any proposed
County facilities, and also assists in locating and leasing space
outside County buildings when required. The Department provides technical
advice, guidance and design assistance for miscellaneous projects
that other departments may want to complete. It shall be headed by
a Director.
B. Duties.
(1) The County Facilities Management Department is to
inspect and maintain all County-owned or leased facilities to eradicate
health hazards, nuisances and unsafe conditions.
(2) The Department provides repair services to all departments,
including minor construction/renovations, painting, electrical, plumbing,
grounds maintenance and snow removal services, by qualified County
employees.
(3) The Department procures and oversees contractual services
that may be required for the above.
(4) Duties
include assisting in plan preparation, reviewing specifications and
recommending contract awards, along with the Public Works Department
overseeing major construction and renovation projects as they are
developed and approved by County Council/Executive Director.
(5) The
Department provides facility management services, which includes developing
and implementing preventive maintenance and cost-control programs,
monitoring the budget and the compliance as to specifications and
codes and safety. During the day-to-day operations, the Department
is responsible for the adherence by all employees to established personnel
policies and developing and implementing safety procedures, preparation
of operating and capital budget, recommending equipment upgrades,
maintaining facility cost records, implementing cost-cutting procedures
and preparation of statistical reports for various agencies.
[Amended 12-1-1992 by Ord. No. 92-5; 9-17-1996 by Ord. No.
96-2]
A. Function. The Department of Vehicle Management shall
be responsible for purchase, preventive maintenance, repair, inspection,
and administration of the County motor pool and all other County motor
vehicles and shall be headed by a Director.
B. Duties. The Department shall have responsibility for
the following duties:
(1) Operation and management of the County motor pool
which shall include implementing County policy on motor vehicles to
prevent misuse or personal use of County vehicles;
(2) Procurement, maintenance, inspection and repairs on
all County motor vehicles;
(3) Operation of the County Garage and filling facilities.
C. County motor vehicle utilization.
(1) Utilization of County-owned motor vehicles, when available,
shall be exclusively for the conduct of necessary and official tasks
and duties;
(2) Utilization of County vehicles, gasoline or vehicle
parts and maintenance for private or personal purposes is strictly
prohibited. Employee retention of County motor vehicles during overnight
or weekend periods is strictly prohibited, except when said use for
specific official tasks and duties has been authorized by responsible
supervisors in advance for completion during the same evening or weekend
periods.
D. Procedure for departmental use of County vehicles.
Supervisors of offices and departments which are assigned and use
County motor vehicles shall maintain Form DPW-1 for local records
documenting County motor vehicles utilization and expenses incurred
by employees therefor. The form shall require supervisory review and
authorization, or requests for usage and reimbursement.
(1) Form DPW-1 shall also serve as the basis for reimbursement
to employees for travel expenses incurred through the authorized use
of privately owned motor vehicles for performance of official tasks
and duties;
(2) Employee requests for travel expense reimbursements
shall be certified by supervisors and supported by Form DPW-1.
E. Audits. From time to time, the Director of the Department
of Vehicle Management shall analyze said records to evaluate compliance
with policy and property of travel reimbursements.