Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart A - Statements of Policy › Chapter 6000 - STATEMENTS OF POLICY › Subchapter R - PROCEDURES FOR SURROGATE HEALTH CARE DECISION MAKING › GENERAL PROVISIONS › Section 6000.1003 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this
						  subchapter, have the following meanings, unless the context clearly indicates
						  otherwise.
Act 169
-Act 2006-169, which added 20
						  Pa.C.S. Chapter 54 (relating to health care).
Act 28 facility
-A nursing home,
						  personal care home, domiciliary care home, community residential facility,
						  State-operated intermediate care facility for the mentally retarded, privately
						  operated intermediate care facility for the mentally retarded, adult daily
						  living center, home health agency or home health service provider whether
						  licensed or not. See
						  18 Pa.C.S. §
													2713
						  (relating to neglect of care-dependent person).
Advance health care directive
-The term
						  as defined in
						  20 Pa.C.S. §
													5422
						  (relating to definitions). An advance health care directive is a signed and
						  witnessed document which directs health care in the event that the individual
						  (the principal) is incompetent and has an end-stage medical condition or is
						  permanently unconscious. It also may designate a person to carry out the
						  individual's wishes regarding health care at the end of life.
CPR-Cardiopulmonary Resuscitation
-The
						  term as defined in
						  20 Pa.C.S. §
													422.
Competent
-The term as defined in
						  20 Pa.C.S. §
													5422.
						  Under Act 169, the attending physician determines competency.
DNR Order-Do not resuscitate order
-An
						  order in the individual's medical record that CPR should not be provided to the
						  individual.
End stage medical condition
-The term
						  as defined in
						  20 Pa.C.S. §
													5422.
Facility director
-
(i) For those facilities that are MR
						facilities as defined in the MH/MR Act, the facility director is the
						administrative head of a facility.
(ii) In facilities licensed under Chapter
						6400 (relating to community homes for individuals with mental retardation), the
						term means the chief executive officer under §
												6400.43 (relating to chief
						executive officer).
(iii) In
						facilities licensed under Chapter 6500 (relating to family living homes), the
						term means the chief executive officer under §
												6500.42 (relating to chief
						executive officer).
(iv) In
						intermediate care facilities for persons with mental retardation, the term
						means the administrator appointed under
						42 CFR
						483.410(a)(3) (relating to
						condition of participation: governing body and management).
(v) In facilities licensed under Chapter 5310
						(relating to community residential rehabilitation services for the mentally
						ill), the term means the director selected under §
												5310.11 (relating to governing
						body).
(vi) In facilities licensed
						under Chapter 5320 (relating to requirements for long-term structured residence
						licensure), the term means the program director selected under §
												5320.22 (relating to governing
						body).
Health care
-The term as defined in
						  20 Pa.C.S. §
													5422.
Health care agent
-The term as defined
						  in
						  20 Pa.C.S. §
													5422.
Health care decision
-The term as
						  defined in
						  20 Pa.C.S. §
													5422.
Health care power of attorney
-The term
						  as defined in
						  20 Pa.C.S. §
													5422. A
						  health care power of attorney is the actual document declaring an individual to
						  make health care decisions for the principal. The person designated in a health
						  care power of attorney is sometimes referred to as the "health care
						  agent."
Health care provider
-The term as
						  defined in
						  20 Pa.C.S. §
													5422.
Health care representative
-The term as
						  defined in
						  20 Pa.C.S. §
													5422. In
						  addition, Act 169 specifies the following limitation on designation of the
						  health care representative: Unless related by blood, marriage or adoption, a
						  health care representative may not be the principal's attending physician or
						  other health care provider, not an owner, operator or employee of a health care
						  provider in which the principal receives care.
lncompetent
-The term as defined in
						  20 Pa.C.S. §
													5422.
Living will
-The term as defined in
						  20 Pa.C.S. §
													5422.
MH/MR Act
-The Mental Health and Mental
						  Retardation Act of 1966 (50 P. S. §§
													4101-4704).
MH
-Mental health.
MR
-Mental retardation.
Mental health advance directive
-A
						  document that directs MH services and supports that an individual might want to
						  receive during a crisis if the individual is unable to make decisions because
						  of the individual's mental illness. This is a separate document from an advance
						  health care directive. See 20 Pa.C.S. Chapter 58 (relating to mental health
						  care).
Permanently unconscious
-The term as
						  defined in
						  20 Pa.C.S. §
													5422.
Person
-The term as defined in
						  1
						  Pa.C.S. §
													1991 (relating to
						  definitions).
Principal
-The term as defined in
						  20 Pa.C.S. §
													5422.
						  The principal is at least 18 years of age, has graduated from high school, has
						  married or is an emancipated minor.
Surrogate health care decision maker
-A
						  person that makes health care decisions for another
						  individual.