reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VI - Mental Health/Intellectual Disability/Autism Manual › Subpart C - Administration and Fiscal Management › Chapter 4226 - EARLY INTERVENTION SERVICES › IFSPs › Section 4226.72 - Procedures for IFSP development, review and evaluation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) For a child who has been evaluated for
					 the first time and determined to be eligible for early intervention services, a
					 meeting to develop the initial IFSP shall be conducted within the 45-day time
					 period in §
											4226.24(g)
					 (relating to comprehensive child find system).
(b) A review of the IFSP for an infant or
					 toddler with a disability and the infant or toddler's family shall be conducted
					 every 6 months, or more frequently if conditions warrant or if the family
					 requests such a review. The review may be conducted by a meeting or by another
					 means, such as conference call or written reports, that is acceptable to the
					 parent and other participants. The purpose of the review is to determine:
(1) The degree to which progress toward
					 achieving the outcomes is being made.
(2) Whether modification or revision of the
					 outcomes or services is necessary.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VI - Mental Health/Intellectual Disability/Autism Manual › Subpart C - Administration and Fiscal Management › Chapter 4226 - EARLY INTERVENTION SERVICES › IFSPs › Section 4226.73 - Participants in IFSP meetings and periodic reviews

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Each initial meeting and each annual
					 meeting to evaluate the IFSP shall include the following participants:
(1) The parent of the infant or toddler with
					 a disability.
(2) Other family
					 members, as requested by the parent, if feasible to do so.
(3) An advocate or person outside of the
					 family, if the parent requests that the person participate.
(4) The service coordinator who has been
					 working with the family since the initial referral for evaluation, or who has
					 been designated by the county MH/MR program to be responsible for
					 implementation of the IFSP.
(5) A
					 person directly involved in conducting the evaluations and assessments in
					 § 4226.61 (relating to MDE).
(6) Persons who will be providing services to
					 the infant or toddler with a disability or family, as appropriate.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VI - Mental Health/Intellectual Disability/Autism Manual › Subpart C - Administration and Fiscal Management › Chapter 4226 - EARLY INTERVENTION SERVICES › IFSPs › Section 4226.74 - Content of the IFSP

Current through Register Vol. 54, No. 28, July 13, 2024
The IFSP shall be in writing and the standardized format
						will contain:
(1)
Information
					 about the status of the infant or toddler with a disability.
(i) A statement of the present levels of
					 physical development (including vision, hearing and health status), cognitive
					 development, communication development, social or emotional development, and
					 adaptive development of the infant or toddler with a disability.
(ii) The statement in subparagraph (i) shall
					 be based on professionally acceptable objective criteria.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VI - Mental Health/Intellectual Disability/Autism Manual › Subpart C - Administration and Fiscal Management › Chapter 4226 - EARLY INTERVENTION SERVICES › IFSPs › Section 4226.75 - Implementation of the IFSP

Current through Register Vol. 54, No. 28, July 13, 2024
(a) To the
					 maximum extent appropriate to meet the needs of the infant or toddler with a
					 disability, as determined by the IFSP team, early intervention services shall
					 be provided in the infant or toddler's natural environments.
(b) Early intervention services shall be
					 initiated as soon as possible after the IFSP is completed at the meeting
					 described in §
											4226.72 (relating to procedures
					 for IFSP development, review and evaluation) but no later than 14 calendar days
					 from the date the IFSP is completed, unless a later date is recommended by the
					 team, including the family, based on the needs of the infant or toddler with a
					 disability, or if requested by the family.
This section cited in 55 Pa. Code §
													3270.4 (relating to definitions);
						  55 Pa. Code §
													3280.4 (relating to definitions);
						  55 Pa. Code §
													3290.4 (relating to definitions);
						  and 55 Pa. Code §
													4226.74 (relating to content of
						  the IFSP).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VI - Mental Health/Intellectual Disability/Autism Manual › Subpart C - Administration and Fiscal Management › Chapter 4226 - EARLY INTERVENTION SERVICES › IFSPs › Section 4226.76 - Provision of services before MDE is completed

Current through Register Vol. 54, No. 28, July 13, 2024
Early intervention services for an infant or toddler with
						a disability and the infant or toddler's family may commence before the
						completion of the evaluation and assessment in §
											4226.61 (relating to MDE), if the
						following conditions are met:
(1)
					 Parental consent is obtained.
(2)
					 An interim IFSP is developed that includes the following:
(i) The name of the service coordinator who
					 will be responsible for implementation of the interim IFSP and coordination
					 with other agencies and persons.
(ii) The early intervention services that
					 have been determined to be needed immediately by the infant or toddler with a
					 disability and the infant or toddler's family.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VI - Mental Health/Intellectual Disability/Autism Manual › Subpart C - Administration and Fiscal Management › Chapter 4226 - EARLY INTERVENTION SERVICES › IFSPs › Section 4226.77 - Transition from early intervention services

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The county MH/MR program shall adopt
					 policies and procedures to ensure a smooth transition for toddlers receiving
					 early intervention services to preschool or other appropriate services, which
					 meet the requirements of this section.
(b) For every toddler with a disability, the
					 county MH/MR program shall:
(1) Notify the
					 local educational agency for the area in which the toddler resides that the
					 toddler will shortly reach 3 years of age.
(2) In the case of a toddler who may be
					 eligible for preschool services under Part B of IDEA (20 U.S.C.A. §§
													1411-1419), with the approval of the
					 toddler's family, convene a conference among the county MH/MR program, the
					 family and the local educational agency at least 90 days (and if all parties
					 agree, up to 6 months) before the toddler's third birthday, to discuss services
					 that the toddler may receive.
(3)
					 In the case of a toddler who may not be eligible for preschool services under
					 Part B of IDEA, with the approval of the toddler's family, make reasonable
					 efforts to convene a conference among the county MH/MR program, the family and
					 providers of other appropriate services for toddlers who are not eligible for
					 preschool services under Part B of IDEA, to discuss appropriate services the
					 toddler may receive.
(4) If a
					 toddler's third birthday occurs during the school year, review the program
					 options available to the toddler for the period from the third birthday through
					 the remainder of the school year.
(5) Establish a transition plan in
					 consultation with the toddler's family.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VI - Mental Health/Intellectual Disability/Autism Manual › Subpart C - Administration and Fiscal Management › Chapter 4226 - EARLY INTERVENTION SERVICES › PROCEDURAL SAFEGUARDS › Section 4226.91 - General responsibility for procedural safeguards

Current through Register Vol. 54, No. 28, July 13, 2024
A county MH/MR program is responsible for adopting
						procedural safeguards that meet the requirements of this chapter, except
						§§
											4226.101 and
						4226.102 (relating to impartial
						hearing officer; and convenience of proceedings; timelines).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VI - Mental Health/Intellectual Disability/Autism Manual › Subpart C - Administration and Fiscal Management › Chapter 4226 - EARLY INTERVENTION SERVICES › PROCEDURAL SAFEGUARDS › Section 4226.92 - Parental consent

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 following requirements apply for parental consent:
(1) The parent shall be fully informed of all
					 information relevant to the activity for which consent is sought, in the
					 parent's native language.
(2) The
					 parent shall be informed and agree in writing to the carrying out of the
					 activity for which consent is sought, and the consent form shall describe that
					 activity and list the records (if any) that will be released and to
					 whom.
(3) The parent shall be
					 informed that the granting of consent is voluntary on the part of the parent
					 and may be revoked at any time.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VI - Mental Health/Intellectual Disability/Autism Manual › Subpart C - Administration and Fiscal Management › Chapter 4226 - EARLY INTERVENTION SERVICES › PROCEDURAL SAFEGUARDS › Section 4226.93 - Parental right to decline service

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The parent of an infant or toddler with a
					 disability may determine whether to accept or decline any early intervention
					 service offered to the infant or toddler or the family and may decline a
					 service after first accepting it, without jeopardizing the provision of other
					 early intervention services.
(b)
					 The parent of an at-risk child may accept or decline referral of the child to
					 the tracking system under §
											4226.26 (relating to tracking
					 system) without jeopardizing the referral at a later time.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VI - Mental Health/Intellectual Disability/Autism Manual › Subpart C - Administration and Fiscal Management › Chapter 4226 - EARLY INTERVENTION SERVICES › PROCEDURAL SAFEGUARDS › Section 4226.94 - Opportunity to examine records

Current through Register Vol. 54, No. 28, July 13, 2024
In accordance with the confidentiality procedures in
						Federal regulations in 34
						CFR 300.560-300.576 (relating to
						confidentiality of information), the parent of a child referred or eligible for
						tracking or early intervention services shall be afforded the opportunity to
						inspect and review records relating to evaluations and assessments, eligibility
						determinations, development and implementation of IFSPs, individual complaints
						dealing with the child and any other records about the child and the
						family.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VI - Mental Health/Intellectual Disability/Autism Manual › Subpart C - Administration and Fiscal Management › Chapter 4226 - EARLY INTERVENTION SERVICES › PROCEDURAL SAFEGUARDS › Section 4226.95 - Prior notice

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Written prior notice shall be given to the parent of a child referred or
					 eligible for tracking or early intervention services before a county MH/MR
					 program proposes, or refuses, to initiate or change the identification,
					 evaluation or placement of the child, or the provision of early intervention
					 services to the child and the family.
(b) The notice shall be in sufficient detail
					 to inform the parent about the following:
(1)
					 The action that is being proposed or refused.
(2) The reasons for taking the
					 action.
(3) The right to request
					 one or all of the following, including a description of the procedures and
					 rights that apply to each:
(i) Conflict
					 resolution, as described in §
													4226.97 (relating to conflict
					 resolution).
(ii) Mediation, as
					 described in §
													4226.98 (relating to
					 mediation).
(iii) A due process
					 hearing, as described in §
													4226.99 (relating to due process
					 procedures).
(4) The
					 right to file a complaint with the Department, including a description of how
					 to file a complaint and timelines for filing the complaint.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VI - Mental Health/Intellectual Disability/Autism Manual › Subpart C - Administration and Fiscal Management › Chapter 4226 - EARLY INTERVENTION SERVICES › PROCEDURAL SAFEGUARDS › Section 4226.96 - Surrogate parents

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Each
					 county MH/MR program shall ensure that the rights of a child referred or
					 eligible for tracking or early intervention services are protected by the
					 appointment of a surrogate parent if one of the following applies:
(1) A parent cannot be identified.
(2) The whereabouts of an identified parent,
					 after reasonable efforts, cannot be discovered.
(3) The child is in the legal custody of a
					 county children and youth agency and one of the following applies:
(i) The birth parents cannot be
					 identified.
(ii) The whereabouts of
					 the birth parents, after reasonable efforts, cannot be discovered.
(iii) The birth parents are deceased and the
					 child has no other parent.
(iv) The
					 parental rights of the birth parents have been terminated and the child has no
					 other parent.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VI - Mental Health/Intellectual Disability/Autism Manual › Subpart C - Administration and Fiscal Management › Chapter 4226 - EARLY INTERVENTION SERVICES › PROCEDURAL SAFEGUARDS › Section 4226.97 - Conflict resolution

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 county MH/MR program shall establish a system of conflict resolution whereby
					 parents, providers, as appropriate, or other parties may request a meeting with
					 the county administrative staff to discuss and resolve issues relating to the
					 provision of early intervention services to an infant or toddler with a
					 disability and the infant or toddler's family.
(b) The county MH/MR program shall establish
					 conflict resolution procedures to ensure that:
(1) Requests for conflict resolution may be
					 made either orally or in writing.
(2) A conflict resolution meeting shall be
					 held within 7 calendar days of the request.
(3) When a parent requests mediation under
					 §
												4226.98 (relating to mediation) or
					 a due process hearing under §
												4226.99 (relating to due process
					 procedures), the county MH/MR program shall offer the parent a conflict
					 resolution meeting with the county MH/MR administrator or a designee, and the
					 meeting shall be held within 7 calendar days of receipt of the request, unless
					 the parent declines the offer of conflict resolution. If the parent agrees to
					 participate, the meeting may not delay the processing of the request for
					 mediation or for a due process hearing.
(4) When a resolution or agreement is reached
					 at the meeting, the IFSP or other documents shall be revised
					 accordingly.
(5) If no resolution
					 or agreement is reached at the meeting, all other procedural safeguards
					 continue to be available.
(6) The
					 conflict resolution process does not impede or deny other rights under this
					 chapter.
(7) The conflict
					 resolution process is voluntary on the part of the parents, and parents do not
					 have to participate in the process before exercising other procedural
					 rights.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VI - Mental Health/Intellectual Disability/Autism Manual › Subpart C - Administration and Fiscal Management › Chapter 4226 - EARLY INTERVENTION SERVICES › PROCEDURAL SAFEGUARDS › Section 4226.98 - Mediation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The county
					 MH/MR program shall adopt procedures that afford a party who presents a
					 complaint about any matter relating to the identification, evaluation or
					 placement of the child, or the provision of appropriate early intervention
					 services, the opportunity to resolve the dispute through a mediation
					 process.
(b) The procedures shall
					 ensure that the mediation process is:
(1)
					 Voluntary on the part of the parents.
(2) Offered to a parent who requests a due
					 process hearing under §
												4226.99 (relating to due process
					 procedures).
(3) Not used to deny
					 or delay a parent's right to a due process hearing under §
												4226.99, or to deny or impede
					 other rights afforded under this chapter.
(4) Conducted by a qualified and impartial
					 mediator who is trained in effective mediation techniques.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VI - Mental Health/Intellectual Disability/Autism Manual › Subpart C - Administration and Fiscal Management › Chapter 4226 - EARLY INTERVENTION SERVICES › PROCEDURAL SAFEGUARDS › Section 4226.99 - Due process procedures

Current through Register Vol. 54, No. 28, July 13, 2024
Each county MH/MR program shall implement procedures to
						ensure that the resolution of requests for due process hearings by parents
						concerning any of the matters in §
											4226.95(a)
						(relating to prior notice) on behalf of an individual child is not
						delayed.
This section cited in 55 Pa. Code §
													4226.95 (relating to prior
						  notice); 55 Pa. Code §
													4226.97 (relating to conflict
						  resolution); and 55 Pa. Code §
													4226.98 (relating to
						  mediation).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VI - Mental Health/Intellectual Disability/Autism Manual › Subpart C - Administration and Fiscal Management › Chapter 4226 - EARLY INTERVENTION SERVICES › PROCEDURAL SAFEGUARDS › Section 4226.100 - Parental rights in due process hearings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Each county MH/MR program shall ensure
					 that the parents of children referred or eligible for tracking or early
					 intervention services are informed of the rights in subsection (b) in each due
					 process hearing requested to resolve any of the matters in §
											4226.95(a)
					 (relating to prior notice) on behalf of an individual child.
(b) A parent who is a party to a due process
					 hearing has the following rights:
(1) To
					 obtain an independent MDE conducted in accordance with §
												4226.61 (relating to MDE) at no
					 cost if the parent disagrees with the results of the MDE obtained through the
					 county MH/MR program and the hearing officer determines that the MDE is needed
					 to assist in the resolution of the dispute.
(2) To be accompanied and advised by counsel
					 and by individuals with special knowledge or training with respect to early
					 intervention services.
(3) To
					 present evidence and confront, cross-examine and compel the attendance of
					 witnesses.
(4) To prohibit the
					 introduction of any evidence at the proceeding that has not been disclosed to
					 the parent at least 5 days before the proceeding.
(5) To obtain a written or electronic
					 verbatim transcription of the proceeding.
(6) To obtain written findings of fact and
					 decisions.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VI - Mental Health/Intellectual Disability/Autism Manual › Subpart C - Administration and Fiscal Management › Chapter 4226 - EARLY INTERVENTION SERVICES › PROCEDURAL SAFEGUARDS › Section 4226.101 - Impartial hearing officer

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 The impartial hearing officer appointed to conduct the due process hearing
					 shall have knowledge of the requirements of this chapter, the Early
					 Intervention Services System Act (11 P.S. §§
												875-101-875-503) and Part C of IDEA
					 (42 U.S.C.A. §§
												1431-1445) and accompanying regulations
					 (currently codified at 34 CFR Part 303 (relating to early intervention program
					 for infants and toddlers with disabilities)), as well as the needs of, and
					 services available for, at-risk children and infants and toddlers with
					 disabilities and their families.
(b) The duties of the impartial hearing
					 officer include:
(1) To preside over the
					 presentation of evidence and each party's position, examine all presented
					 evidence and render a timely decision.
(2) To make available a record of the
					 proceedings.
(3) To forward a
					 written decision to all parties to the proceedings.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VI - Mental Health/Intellectual Disability/Autism Manual › Subpart C - Administration and Fiscal Management › Chapter 4226 - EARLY INTERVENTION SERVICES › PROCEDURAL SAFEGUARDS › Section 4226.102 - Convenience of proceedings; timelines

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The due process hearing shall be carried
					 out at a time and place that is reasonably convenient to the parent.
(b) The due process hearing shall be
					 conducted and a written decision mailed to each party no later than 30 days
					 after the parent's request for a hearing is received by the county MH/MR
					 program.
This section cited in 55 Pa. Code §
													4226.91 (relating to general
						  responsibility for procedural
						  safeguards).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VI - Mental Health/Intellectual Disability/Autism Manual › Subpart C - Administration and Fiscal Management › Chapter 4226 - EARLY INTERVENTION SERVICES › PROCEDURAL SAFEGUARDS › Section 4226.103 - Status of a child during proceedings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) During the pendency of a conflict
					 resolution, mediation or due process proceeding, unless the county MH/MR
					 program and parent of the infant or toddler with a disability otherwise agree,
					 the infant or toddler shall continue to receive the early intervention services
					 currently being provided.
(b) If
					 the complaint involves an application for initial services under this chapter,
					 the infant or toddler with a disability shall receive those services that are
					 not in dispute.
This section cited in 55 Pa. Code §
													4226.92 (relating to parental
						  consent).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VI - Mental Health/Intellectual Disability/Autism Manual › Subpart C - Administration and Fiscal Management › Chapter 4230 - WAIVER OF SERVICE › GENERAL PROVISIONS › Section 4230.1 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter defines the process for requesting a waiver
						of the duty to provide mental health and intellectual disability mandated
						services. Section 301(d) of the Mental Health and Intellectual Disability Act
						of 1966 (50 P.S. §
												4301(d)) requires county
						mental health and intellectual disability programs to provide the following
						nine mandated services:
(1) Short-term
					 inpatient services.
(2) Outpatient
					 services.
(3) Partial
					 hospitalization services.
(4)
					 Emergency services.
(5)
					 Consultation and education.
(6)
					 Aftercare services.
(7)
					 Rehabilitative and training services.
(8) Interim care of individuals with an
					 intellectual disability.
(9)
					 Unified intake.
The provisions of this §
													4230.1 amended under sections
						  201(2) and (8) and 202 of the Mental Health and Intellectual Disability Act of
						  1966 (50 P.S. §§
														4201(2) and
						  (8) and
						  4202).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VI - Mental Health/Intellectual Disability/Autism Manual › Subpart C - Administration and Fiscal Management › Chapter 4230 - WAIVER OF SERVICE › GENERAL PROVISIONS › Section 4230.2 - Applicability

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter applies to county mental health and
						intellectual disability programs.
The provisions of this §
													4230.2 amended under sections
						  201(2) and (8) and 202 of the Mental Health and Intellectual Disability Act of
						  1966 (50 P.S. §§
														4201(2) and
						  (8) and
						  4202).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VI - Mental Health/Intellectual Disability/Autism Manual › Subpart C - Administration and Fiscal Management › Chapter 4230 - WAIVER OF SERVICE › GENERAL PROVISIONS › Section 4230.3 - Legal base

Current through Register Vol. 54, No. 28, July 13, 2024
The legal authority for this chapter is sections 201(2)
						and 508 of the Mental Health and Intellectual Disability Act of 1966
						(50
						P.S. §§
												4201(2)
						and 4508).
The provisions of this §
													4230.3 amended under sections
						  201(2) and (8) and 202 of the Mental Health and Intellectual Disability Act of
						  1966 (50 P.S. §§
														4201(2) and
						  (8) and
						  4202).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VI - Mental Health/Intellectual Disability/Autism Manual › Subpart C - Administration and Fiscal Management › Chapter 4230 - WAIVER OF SERVICE › WAIVER OF SERVICE › Section 4230.11 - Requesting waivers

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
					 county mental health and intellectual disability program is permitted to
					 request a waiver of one or more of the nine mandated services if the service is
					 not available or if the county mental health and intellectual disability
					 program shows that it is economically unsound to provide the service.
(b) A request for waiver shall be to waive
					 the provision of an entire service. Waivers may not be requested for a
					 reduction in the level of service.
(c) Waivers shall be requested for a period
					 of one fiscal year or less.
(d) A
					 request for waiver for the next fiscal year shall be submitted to the
					 Department between April 15 and May 15 of the current fiscal year.
(e) Waivers may not be requested for the
					 current fiscal year.
The provisions of this §
													4230.11 amended under sections
						  201(2) and (8) and 202 of the Mental Health and Intellectual Disability Act of
						  1966 (50 P.S. §§
														4201(2) and
						  (8) and
						  4202).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VI - Mental Health/Intellectual Disability/Autism Manual › Subpart C - Administration and Fiscal Management › Chapter 4230 - WAIVER OF SERVICE › WAIVER OF SERVICE › Section 4230.12 - Documentation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The county
					 mental health and intellectual disability program shall submit a written
					 request for waiver to the Secretary of the Department of Human Services, with a
					 copy of the request for waiver to the Deputy Secretary, Office of Developmental
					 Programs and the Deputy Secretary, Office of Mental Health and Substance Abuse
					 Services.
(b) A request for waiver
					 shall include the following:
(1) The service
					 for which the waiver is requested.
(2) The fiscal year for which the waiver is
					 requested.
(3) Justification for
					 the waiver.
(4) The total
					 expenditure by the county mental health and intellectual disability program for
					 the service in the previous and current fiscal years.
(5) Clients and units of service for the
					 previous and current fiscal years.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VI - Mental Health/Intellectual Disability/Autism Manual › Subpart C - Administration and Fiscal Management › Chapter 4230 - WAIVER OF SERVICE › WAIVER OF SERVICE › Section 4230.13 - Onsite investigation

Current through Register Vol. 54, No. 28, July 13, 2024
The Department has the authority to conduct an
						independent investigation, including but not limited to an onsite evaluation to
						determine if the waiver should be granted.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VI - Mental Health/Intellectual Disability/Autism Manual › Subpart C - Administration and Fiscal Management › Chapter 4230 - WAIVER OF SERVICE › WAIVER OF SERVICE › Section 4230.14 - Hearing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department
					 will hold a hearing in the county requesting the waiver by June 15 of the year
					 in which the waiver request was made.
(b) The county mental health and intellectual
					 disability program shall arrange a location for the hearing.
(c) The county mental health and intellectual
					 disability program shall inform the public of the date, time, location and
					 purpose of the hearing.
(d) The
					 county mental health and intellectual disability program shall present the
					 request for waiver and justification for the waiver at the hearing.
The provisions of this §
													4230.14 amended under sections
						  201(2) and (8) and 202 of the Mental Health and Intellectual Disability Act of
						  1966 (50 P.S. §§
														4201(2) and
						  (8) and
						  4202).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VI - Mental Health/Intellectual Disability/Autism Manual › Subpart C - Administration and Fiscal Management › Chapter 4230 - WAIVER OF SERVICE › WAIVER OF SERVICE › Section 4230.15 - Waiver decision

Current through Register Vol. 54, No. 28, July 13, 2024
The Department will provide a written waiver decision to
						the county mental health and intellectual disability program by June 30 of the
						year in which the waiver request was made.
The provisions of this §
													4230.15 amended under sections
						  201(2) and (8) and 202 of the Mental Health and Intellectual Disability Act of
						  1966 (50 P.S. §§
														4201(2) and
						  (8) and
						  4202).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VI - Mental Health/Intellectual Disability/Autism Manual › Subpart C - Administration and Fiscal Management › Chapter 4230 - WAIVER OF SERVICE › WAIVER OF SERVICE › Section 4230.16 - Provision for mandated service

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If the waiver is granted, the county
					 mental health and intellectual disability program is not required to provide
					 the mandated service for the fiscal year for which the waiver was
					 granted.
(b) If a waiver is granted
					 and the Department decides to provide the service according to section 508(b)
					 of the Mental Health and Intellectual Disability Act of 1966 (50 P.S. §
												4508(b)), the county mental
					 health and intellectual disability program is liable for the total county share
					 for the service waived, under section 508(c) of the Mental Health and
					 Intellectual Disability Act of 1966. The county's mental health and
					 intellectual disability allocation shall be reduced by the total State amount
					 expended in the fiscal year immediately preceding the fiscal year of the
					 waiver, for the service waived. The actual amount reduced from the county's
					 mental health and intellectual disability allocation is deducted in the year of
					 the waiver.
(c) If a waiver is
					 granted, and the Department decides not to provide the service according to
					 section 508(b) of the Mental Health and Intellectual Disability Act of 1966,
					 the county mental health and intellectual disability allocation shall be
					 reduced by the total State amount expended in the fiscal year immediately
					 preceding the fiscal year of the waiver, for the service waived. The actual
					 amount reduced from the county's mental health and intellectual disability
					 allocation is deducted in the year of the waiver.
(d) If the waiver is denied, the county
					 mental health and intellectual disability program shall provide the service for
					 which the waiver was requested.
The provisions of this §
													4230.16 amended under sections
						  201(2) and (8) and 202 of the Mental Health and Intellectual Disability Act of
						  1966 (50 P.S. §§
														4201(2) and
						  (8) and
						  4202).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VI - Mental Health/Intellectual Disability/Autism Manual › Subpart C - Administration and Fiscal Management › Chapter 4230 - WAIVER OF SERVICE › WAIVER OF SERVICE › Section 4230.17 - Right to appeal

Current through Register Vol. 54, No. 28, July 13, 2024
The county mental health and intellectual disability
						program has the right to appeal the Department's decision under
						2
						Pa.C.S. §§
												501-508 and
						701-704 (relating to
						Administrative Agency Law). Appeals shall be submitted within 15 days of
						receipt of the Department's waiver decision to the Department's Hearing and
						Appeals Unit, according to the appeal procedures in 1 Pa. Code Part II
						(relating to General Rules of Administratative Practice and
						Procedure).
The provisions of this §
													4230.17 amended under sections
						  201(2) and (8) and 202 of the Mental Health and Intellectual Disability Act of
						  1966 (50 P.S. §§
														4201(2) and
						  (8) and
						  4202).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VI - Mental Health/Intellectual Disability/Autism Manual › Subpart C - Administration and Fiscal Management › Chapter 4300 - COUNTY MENTAL HEALTH AND INTELLECTUAL DISABILITY FISCAL MANUAL › GENERAL PROVISIONS › Section 4300.1 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter specifies the fiscal requirements for county
						mental health and intellectual disability programs.
The provisions of this §
													4300.1 amended under sections
						  201(2) and (8) and 202 of the Mental Health and Intellectual Disability Act of
						  1966 (50 P.S. §§
														4201(2) and
						  (8) and
						  4202).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VI - Mental Health/Intellectual Disability/Autism Manual › Subpart C - Administration and Fiscal Management › Chapter 4300 - COUNTY MENTAL HEALTH AND INTELLECTUAL DISABILITY FISCAL MANUAL › GENERAL PROVISIONS › Section 4300.2 - Applicability

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter applies to county mental health and
						intellectual disability programs. County mental health and intellectual
						disability programs shall use this chapter to reimburse providers of service.
The provisions of this §
													4300.2 amended under sections
						  201(2) and (8) and 202 of the Mental Health and Intellectual Disability Act of
						  1966 (50 P.S. §§
														4201(2) and
						  (8) and
						  4202).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VI - Mental Health/Intellectual Disability/Autism Manual › Subpart C - Administration and Fiscal Management › Chapter 4300 - COUNTY MENTAL HEALTH AND INTELLECTUAL DISABILITY FISCAL MANUAL › GENERAL PROVISIONS › Section 4300.3 - Legal base

Current through Register Vol. 54, No. 28, July 13, 2024
The legal authority for this chapter is section 201(2) of
						the Mental Health and Intellectual Disability Act of 1966 (50 P.S. §
												4201(2)).
The provisions of this §
													4300.3 amended under sections
						  201(2) and (8) and 202 of the Mental Health and Intellectual Disability Act of
						  1966 (50 P.S. §§
														4201(2) and
						  (8) and
						  4202).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VI - Mental Health/Intellectual Disability/Autism Manual › Subpart C - Administration and Fiscal Management › Chapter 4300 - COUNTY MENTAL HEALTH AND INTELLECTUAL DISABILITY FISCAL MANUAL › GENERAL REQUIREMENTS › Section 4300.11 - Waivers

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Secretary
					 or a designee has the authority to waive this chapter. The Department may grant
					 a waiver if the county program can demonstrate to the Department that a
					 specific section of this chapter imposes an excessive financial burden on the
					 county program, significantly interferes with the effective delivery of
					 services or results in a situation where compliance is beyond the control of
					 the county authority.
(b) Waiver
					 requests shall be submitted in writing by the county to the Secretary or a
					 designee. The request shall identify the specific section, subsection,
					 paragraph or subparagraph to be waived, the period of time for which the waiver
					 is requested, the justification for the waiver, and available documentation
					 that may substantiate the need for the waiver.
(c) Waiver requests shall be submitted by the
					 county and, if approved, waivers shall be granted to the county. Contract
					 agencies may initiate the waiver process by submitting a request for review by
					 the county and, with its endorsement, subsequent submission by the county to
					 the Department.
This section cited in 55 Pa. Code §
													4300.83 (relating to
						  compensation); and 55 Pa. Code §
													4300.87 (relating to
						  occupancy).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VI - Mental Health/Intellectual Disability/Autism Manual › Subpart C - Administration and Fiscal Management › Chapter 4300 - COUNTY MENTAL HEALTH AND INTELLECTUAL DISABILITY FISCAL MANUAL › GENERAL REQUIREMENTS › Section 4300.12 - Required licensure, certification or approval

Current through Register Vol. 54, No. 28, July 13, 2024
Facilities and agencies that are subject to licensing,
						certification or approval by a State or local authority shall be in compliance
						with applicable regulations in order for the Department to financially
						participate in their costs.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VI - Mental Health/Intellectual Disability/Autism Manual › Subpart C - Administration and Fiscal Management › Chapter 4300 - COUNTY MENTAL HEALTH AND INTELLECTUAL DISABILITY FISCAL MANUAL › GENERAL REQUIREMENTS › Section 4300.13 - Related parties

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 provider is associated with or affiliated with and has control of or is
					 controlled by the organization furnishing the services, facilities or supplies.
					 A related party is treated as if it were part of the provider for the
					 determination and reimbursement of costs.
(b) Common ownership exists when an
					 individual possesses significant ownership or equity in the provider and the
					 institution or organization serving the provider. Control exists where an
					 individual or an organization has the power, directly or indirectly, to
					 significantly influence or direct the actions or policies of an organization or
					 institution.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VI - Mental Health/Intellectual Disability/Autism Manual › Subpart C - Administration and Fiscal Management › Chapter 4300 - COUNTY MENTAL HEALTH AND INTELLECTUAL DISABILITY FISCAL MANUAL › DEPARTMENT GRANTS AND PAYMENTS › Section 4300.21 - Departmental powers

Current through Register Vol. 54, No. 28, July 13, 2024
The Department has the power to make grants, pay
						subsidies, purchase service and provide reimbursement for mental health and
						intellectual disability services under the act.
The provisions of this §
													4300.21 amended under sections
						  201(2) and (8) and 202 of the Mental Health and Intellectual Disability Act of
						  1966 (50 P.S. §§
														4201(2) and
						  (8) and
						  4202).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VI - Mental Health/Intellectual Disability/Autism Manual › Subpart C - Administration and Fiscal Management › Chapter 4300 - COUNTY MENTAL HEALTH AND INTELLECTUAL DISABILITY FISCAL MANUAL › DEPARTMENT GRANTS AND PAYMENTS › Section 4300.22 - Departmental financial participation

Current through Register Vol. 54, No. 28, July 13, 2024
A service shall qualify for Departmental financial
						participation if it is authorized by the act and is specifically provided for
						in this chapter or approved by the Department in advance of its incorporation
						in the county plan as training, research, or another service or program
						designed to prevent mental disability or the necessity of admitting or
						committing the individual with a mental disability to a facility.
The provisions of this §
													4300.22 amended under sections
						  201(2) and (8) and 202 of the Mental Health and Intellectual Disability Act of
						  1966 (50 P.S. §§
														4201(2) and
						  (8) and
						  4202).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VI - Mental Health/Intellectual Disability/Autism Manual › Subpart C - Administration and Fiscal Management › Chapter 4300 - COUNTY MENTAL HEALTH AND INTELLECTUAL DISABILITY FISCAL MANUAL › DEPARTMENT GRANTS AND PAYMENTS › Section 4300.23 - Percentage of expenditures reimbursable

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Subject to the appropriation of funds and
					 under the act and this chapter, the Department will participate at 100% of the
					 approved expenditures for the following:
(1)
					 Diagnosis, evaluation and care in Commonwealth-operated facilities, or in a
					 facility with which the Commonwealth may contract.
(2) Payments for inpatient care and partial
					 hospitalization for persons financially ineligible for care under public
					 assistance law.
(3) Licensed
					 community residential programs for individuals with an intellectual
					 disability.
(4) Other obligations
					 that may arise under a new program established by the
					 Department.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VI - Mental Health/Intellectual Disability/Autism Manual › Subpart C - Administration and Fiscal Management › Chapter 4300 - COUNTY MENTAL HEALTH AND INTELLECTUAL DISABILITY FISCAL MANUAL › DEPARTMENT GRANTS AND PAYMENTS › Section 4300.24 - Provision of services

Current through Register Vol. 54, No. 28, July 13, 2024
Services may be provided by the county or county joinder
						either directly or by purchase of service. Purchase of service may occur by
						unit of service funding, program funding or another funding method having the
						prior written approval of the Secretary.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VI - Mental Health/Intellectual Disability/Autism Manual › Subpart C - Administration and Fiscal Management › Chapter 4300 - COUNTY MENTAL HEALTH AND INTELLECTUAL DISABILITY FISCAL MANUAL › DEPARTMENT GRANTS AND PAYMENTS › Section 4300.25 - Direct provision of services

Current through Register Vol. 54, No. 28, July 13, 2024
Direct provision of services is the provision of mental
						health and intellectual disability services by county employees under the
						supervision of the county authority. Costs associated with the direct provision
						of services, subject to the limitations contained in this chapter, are eligible
						for Departmental participation.
The provisions of this §
													4300.25 amended under sections
						  201(2) and (8) and 202 of the Mental Health and Intellectual Disability Act of
						  1966 (50 P.S. §§
														4201(2) and
						  (8) and
						  4202).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VI - Mental Health/Intellectual Disability/Autism Manual › Subpart C - Administration and Fiscal Management › Chapter 4300 - COUNTY MENTAL HEALTH AND INTELLECTUAL DISABILITY FISCAL MANUAL › DEPARTMENT GRANTS AND PAYMENTS › Section 4300.26 - Unit of service funding

Current through Register Vol. 54, No. 28, July 13, 2024
Unit of service funding is the procedure used to fund
						facilities based on a charge per unit of service. Unit of service funding
						applies to facilities which are administered separately from the county or
						county joinder and which receive reimbursement by a contracted per diem or fee
						rate. Funding is based on a charge per service.
(1) The following services shall be purchased
					 only by the unit of service:
(i) Inpatient
					 care.
(ii) Partial
					 hospitalization.
(iii) Laboratory
					 services.
(iv) Drugs.
(v) Respite care.
(vi) Interim care.
(vii) Services where the provision of the
					 service is not limited to individuals with a mental disability, such as a
					 workshop service or day care.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VI - Mental Health/Intellectual Disability/Autism Manual › Subpart C - Administration and Fiscal Management › Chapter 4300 - COUNTY MENTAL HEALTH AND INTELLECTUAL DISABILITY FISCAL MANUAL › DEPARTMENT GRANTS AND PAYMENTS › Section 4300.27 - Program-funding

Current through Register Vol. 54, No. 28, July 13, 2024
Program-funding is the procedure used to fund the total
						eligible expenditures for a publicly or privately administered and staffed
						facility as predetermined by the county authority. The funding may apply to the
						total agency operation or to a portion thereof.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VI - Mental Health/Intellectual Disability/Autism Manual › Subpart C - Administration and Fiscal Management › Chapter 4300 - COUNTY MENTAL HEALTH AND INTELLECTUAL DISABILITY FISCAL MANUAL › DEPARTMENT GRANTS AND PAYMENTS › Section 4300.28 - Reimbursable costs

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 Department will financially participate only in expenditures which are
					 necessary and proper for the operation of the program and the provision of
					 services. Expenditures shall be reasonable to the extent that they are of the
					 same nature as expenditures which would be made by a cost-conscious and prudent
					 buyer in the market place. The lowest possible rate shall be negotiated,
					 consistent with good program quality.
(b) This chapter defines the maximum
					 allowable expenditures for Departmental participation and may not be construed
					 as mandated rates of expenditures. The Department will participate in actual
					 expenditures not to exceed the allowable cost standards. Expenditures beyond
					 these approved levels are the responsibility of the county
					 authorities.
(c) The allowable cost
					 standards in this chapter identify costs eligible for reimbursement. Costs
					 which have not been included are considered ineligible for Departmental
					 financial participation unless necessary to provide services to
					 clients.
(d) The Department will
					 not financially participate in county program costs associated with hiring
					 attorneys, consultants or expert witnesses for the purpose of appealing
					 Departmental decisions or policies arising from interpretations of this
					 chapter, unless the county program wins the appeal.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VI - Mental Health/Intellectual Disability/Autism Manual › Subpart C - Administration and Fiscal Management › Chapter 4300 - COUNTY MENTAL HEALTH AND INTELLECTUAL DISABILITY FISCAL MANUAL › COUNTY AND COUNTY JOINDER ALLOWABLE COST STANDARDS › Section 4300.41 - Applicability

Current through Register Vol. 54, No. 28, July 13, 2024
The allowable cost standards for claiming Departmental
						participation in county administration expenses and services provided directly
						by the county are specified in §§ 4300.42-4300.69.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VI - Mental Health/Intellectual Disability/Autism Manual › Subpart C - Administration and Fiscal Management › Chapter 4300 - COUNTY MENTAL HEALTH AND INTELLECTUAL DISABILITY FISCAL MANUAL › COUNTY AND COUNTY JOINDER ALLOWABLE COST STANDARDS › Section 4300.42 - Personnel expenses

Current through Register Vol. 54, No. 28, July 13, 2024
The Department will participate in the cost of personnel,
						including salaries, benefits and other related expenses as defined in this
						chapter. The Department will only participate in the cost of personnel hired in
						under merit system procedures.
This section cited in 55 Pa. Code §
													4300.41 (relating to
						  applicability).