6316 - Admission to private and public hospitals.

     § 6316.  Admission to private and public hospitals.        (a)  General rule.--Children appearing to suffer any physical     or mental condition which may constitute child abuse shall be     admitted to, treated and maintained in facilities of private and     public hospitals on the basis of medical need and shall not be     refused or deprived in any way of proper medical treatment and     care.        (a.1)  Newborns.--A newborn taken into protective custody     pursuant to section 6315(a)(3) (relating to taking child into     protective custody) shall be admitted to, treated and maintained     in facilities of public and private hospitals on the basis of     medical need and shall not be refused or deprived in any way of     proper medical treatment and care. Once a newborn is taken into     protective custody pursuant to section 6315(a)(3), the newborn     shall be considered immediately eligible for Medicaid for     payment of medical services provided. Until otherwise provided     by court order, the county agency shall assume the     responsibility for making decisions regarding the newborn's     medical care.        (b)  Failure of hospital to admit child or newborn.--The     failure of a hospital to admit and properly treat and care for a     child pursuant to subsection (a) or (a.1) shall be cause for the     department to order immediate admittance, treatment and care by     the hospital which shall be enforceable, if necessary, by the     prompt institution of a civil action by the department. The     child, through an attorney, shall also have the additional and     independent right to seek immediate injunctive relief and     institute an appropriate civil action for damages against the     hospital.     (Dec. 16, 1994, P.L.1292, No.151, eff. July 1, 1995; Dec. 9,     2002, P.L.1549, No.201, eff. 60 days)        2002 Amendment.  Act 201 amended subsec. (b) and added     subsec. (a.1).