reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VII - Mental Health Manual › Subpart E - Residential Agencies/Facilities/Services › Chapter 5320 - REQUIREMENTS FOR LONG-TERM STRUCTURED RESIDENCE LICENSURE › Subchapter F - THERAPEUTIC PROGRAM › Section 5320.54 - Seclusion and restraints

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 use of seclusion is prohibited in LTSRs.
(b) The use of restraints for behavior
					 management is prohibited in LTSRs.
(c) The use of restraints to promote body
					 alignment, positioning and physical functioning is allowable in an LTSR only
					 when the following conditions are met:
(1) The
					 requirements of §
												13.4 (relating to use of
					 restraints to control involuntary movement due to organic causes or
					 conditions).
(2) State or local
					 standards for hospital, nursing home and residential care occupancy governing
					 these facilities when a resident's mobility is compromised by the use of this
					 type of restraint. See, for example, 28 Pa. Code Part IV (relating to health
					 facilities); 34 Pa. Code Chapters 49-59, National Fire Protection Agency
					 related to institutional occupancy (current applicable standards of Life Safety
					 Code) and equivalent standards of cities with 1st class status; and Chapter
					 5300 (relating to private psychiatric hospitals).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VII - Mental Health Manual › Subpart E - Residential Agencies/Facilities/Services › Chapter 5320 - REQUIREMENTS FOR LONG-TERM STRUCTURED RESIDENCE LICENSURE › Subchapter G - PERSONAL CARE SERVICES/RESIDENT RECORDS › Section 5320.61 - Tasks of daily living

Current through Register Vol. 54, No. 28, July 13, 2024
The direct-care staff shall provide residents with
						assistance and skill training in tasks of daily living as needed. These tasks
						include:
(1) Securing
					 transportation.
(2)
					 Shopping.
(3) Making and keeping
					 appointments.
(4) Care of personal
					 possessions.
(5) Use of the
					 telephone.
(6) Use of interpersonal
					 skills.
(7) Self-care
					 skills.
(8) Use of social and
					 leisure activities.
(9) Securing
					 health care.
(10) Money management
					 skills.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VII - Mental Health Manual › Subpart E - Residential Agencies/Facilities/Services › Chapter 5320 - REQUIREMENTS FOR LONG-TERM STRUCTURED RESIDENCE LICENSURE › Subchapter G - PERSONAL CARE SERVICES/RESIDENT RECORDS › Section 5320.62 - Personal care

Current through Register Vol. 54, No. 28, July 13, 2024
The direct-care staff shall provide residents with
						assistance and skill training in personal care, as needed, including the
						following:
(1) Bathing.
(2) Oral hygiene.
(3) Hair grooming and shampooing.
(4) Dressing and care of clothes.
(5) Shaving.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VII - Mental Health Manual › Subpart E - Residential Agencies/Facilities/Services › Chapter 5320 - REQUIREMENTS FOR LONG-TERM STRUCTURED RESIDENCE LICENSURE › Subchapter G - PERSONAL CARE SERVICES/RESIDENT RECORDS › Section 5320.63 - Resident funds

Current through Register Vol. 54, No. 28, July 13, 2024
The provider shall develop written policies and
						procedures addressing:
(1) Costs and
					 liabilities for service according to the Letter of Agreement between the LTSR
					 provider and the county administrator, described in §
											5320.11 (relating to prerequisites
					 to licensure) and in the resident/provider contract described in §
											5320.33 (relating to resident/
					 provider contract; information on resident rights).
(2) Training for residents who require
					 assistance in the management of their financial affairs.
(3) Maintenance of a separate and current
					 individual record of financial transactions made on behalf of the resident that
					 is available on request to the resident or the resident's designated person, if
					 any.
(4) Financial assistance by
					 the provider, which shall include:
(i)
					 Written receipts and quarterly statements of transactions, deposits and
					 expenditures made on behalf of residents as well as disbursement of funds. The
					 provider shall obtain written acknowldgement by the resident of the receipt of
					 funds.
(ii) Provisions for the
					 availability to the resident of documented accounting of deposits, receipts of
					 funds, dispersal of funds and the current balance.
(iii) Assistance with financial arrangements
					 if a resident's accumulated cash assets (after per diem care costs) exceeds
					 $200. The provider shall notify the resident and offer assistance in
					 establishing an interest-bearing account in the resident's name at a local
					 financial institution protected by the Federal Deposit Insurance Corporation,
					 or another appropriate arrangement indicated by the resident.
(iv) Transfer of the resident's funds and
					 possessions to the administrator or the executor of the resident's estate,
					 together with an itemized written account upon the death of a resident. A
					 signed receipt shall be obtained and retained by the provider.
(v) Providing the resident with an itemized
					 written account of funds upon termination of service. A balance remaining on
					 the resident's account with the provider shall be immediately returned to the
					 resident.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VII - Mental Health Manual › Subpart E - Residential Agencies/Facilities/Services › Chapter 5320 - REQUIREMENTS FOR LONG-TERM STRUCTURED RESIDENCE LICENSURE › Subchapter G - PERSONAL CARE SERVICES/RESIDENT RECORDS › Section 5320.64 - Resident records

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 provider shall maintain individual resident records which shall be reviewed by
					 the resident or a designee and the Department or its authorized agents upon
					 request.
(b) The provider shall
					 retain resident records for at least 4 years after the resident has left the
					 LTSR.
(c) The provider shall divide
					 the resident records into two sections: a clinical and nonclinical section.
(1) The clinical section of the resident
					 records shall, at a minimum, contain the following information:
(i) The resident's name.
(ii) The resident's gender, race and
					 ethnicity.
(iii) The resident's
					 birth date.
(iv) The resident's
					 Social Security number.
(v) The
					 name, telephone number and address of the designated person to be contacted in
					 case an emergency, illness or injury, transfer, termination of service, or
					 death occurs to the resident or in the case of LTSR closure.
(vi) The names and telephone numbers of the
					 resident's personal physician and dentist, if any.
(vii) The dates of entrance into the LTSR,
					 transfers and discharges.
(viii)
					 The most recent annual physical examination.
(ix) The principal mental health diagnosis as
					 designated in the Diagnostic and Statistical Manual of Mental Disorders, Fourth
					 Edition, (DSM IV) or most recent edition available from the American
					 Psychiatric Association, 1700 18th Street, NW, Washington, D.C. 20009. The
					 International Classification of Diagnoses, Clinical Modification (ICD-9-CM),
					 available from HCIA, Inc., 300 East Lombard Street, Suite 1500, Baltimore,
					 Maryland 21202, telephone (800) 568-3282, shall be used for the purpose of
					 classifying diseases.
(x) A copy of
					 the resident's treatment plan and progress notes describing the treatment and
					 rehabilitative services provided with the resident's response to those services
					 as well as reviews and periodic reexaminations.
(xi) A copy of the written contract between
					 the provider and the resident.
(xii) Physicians' orders for medication to be
					 administered at the LTSR as well as other medical orders to be carried out at
					 the LTSR, and records of medication administration.
(xiii) The initial assessment and most recent
					 update.
(xiv) Dietary restrictions,
					 if any.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VII - Mental Health Manual › Subpart E - Residential Agencies/Facilities/Services › Chapter 5320 - REQUIREMENTS FOR LONG-TERM STRUCTURED RESIDENCE LICENSURE › Subchapter G - PERSONAL CARE SERVICES/RESIDENT RECORDS › Section 5320.65 - Recordkeeping

Current through Register Vol. 54, No. 28, July 13, 2024
Provision of services and the resident's progress toward
						treatment goals shall be documented by direct-care staff completing a progress
						note in the resident's record at least weekly, or more often as warranted by
						specific changes in the resident's behavior status. Additionally, special
						treatment interventions ordered in the treatment plan shall be documented by
						the direct-care or consulting direct-care staff authorized to provide the
						special treatment on a monthly basis or more frequently if
						warranted.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VII - Mental Health Manual › Subpart E - Residential Agencies/Facilities/Services › Chapter 5320 - REQUIREMENTS FOR LONG-TERM STRUCTURED RESIDENCE LICENSURE › Subchapter H - QUALITY IMPROVEMENT/SERVICE UTILIZATION › Section 5320.71 - Quality improvement program

Current through Register Vol. 54, No. 28, July 13, 2024
The provider shall have a written quality improvement
						(QI) plan and program that the program director reviews for the quality and
						appropriateness of services provided and monitors for compliance with standards
						of treatment and care. The plan shall:
(1) Specify who has responsibility for QI
					 activities, to whom findings are reported, the frequency of reviews, what
					 critical indicators are to be evaluated and acceptable levels for the critical
					 indicators.
(2) Have indicators of
					 quality care that include at least the following:
(i) The level of resident satisfaction and
					 program input.
(ii) The level of
					 family satisfaction and program input.
(iii) Appropriateness, completeness,
					 timeliness and implementation of the treatment plans.
(iv) Case and trend review of crisis events
					 and unusual situations.
(v)
					 Direct-care staff performance.
(vi)
					 Clinical case or peer reviews, quarterly or more often as indicated.
(vii) Medications management, including
					 errors and adverse effects.
(viii)
					 The appropriate documentation in the resident's record.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VII - Mental Health Manual › Subpart E - Residential Agencies/Facilities/Services › Chapter 5320 - REQUIREMENTS FOR LONG-TERM STRUCTURED RESIDENCE LICENSURE › Subchapter H - QUALITY IMPROVEMENT/SERVICE UTILIZATION › Section 5320.72 - Indicators for duration of stay

Current through Register Vol. 54, No. 28, July 13, 2024
Decisions which determine the duration of stay shall take
						into account:
(1) The resident's
					 needs, therapeutic requirements and recommendations of the interdisciplinary
					 treatment team.
(2) The commitment
					 status of the resident.
(3)
					 Measurable indicators established by the provider that address expectations in
					 the following areas in determining resident duration of stay.
(i) Resident and program outcomes.
(ii) Stability of the resident's psychiatric
					 condition.
(iii) Stability of the
					 resident's medication regime.
(iv)
					 The length of time without the need for acute psychiatric
					 interventions.
(v) The attainment
					 of treatment goals.
(vi) Successful
					 trial leaves.
(vii) The
					 establishment of a support system.
(viii) A plan for continuity of
					 care.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VII - Mental Health Manual › Subpart E - Residential Agencies/Facilities/Services › Chapter 5320 - REQUIREMENTS FOR LONG-TERM STRUCTURED RESIDENCE LICENSURE › Subchapter H - QUALITY IMPROVEMENT/SERVICE UTILIZATION › Section 5320.73 - Ancillary support services

Current through Register Vol. 54, No. 28, July 13, 2024
The provider shall either directly or through
						arrangement, provide services needed by the residents. To provide services that
						are not available at the LTSR, the provider shall:
(1) Collaborate with the county
					 administrator's office case management services, and other programs to provide
					 services as identified by the treatment plan and to ensure continuity of
					 care.
(2) Ensure that
					 transportation is available for residents who must be transported for services,
					 recreation and other activities.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VII - Mental Health Manual › Subpart E - Residential Agencies/Facilities/Services › Chapter 5320 - REQUIREMENTS FOR LONG-TERM STRUCTURED RESIDENCE LICENSURE › Subchapter H - QUALITY IMPROVEMENT/SERVICE UTILIZATION › Section 5320.74 - Health services

Current through Register Vol. 54, No. 28, July 13, 2024
The LTSR provider shall:
(1) Develop written arrangements for
					 providing routine and emergency medical and dental care for
					 residents.
(2) Notify the
					 resident's designated person and the county administrator or a designee who
					 shall ensure whatever assistance is necessary in making arrangements for the
					 resident's transfer to an appropriate facility. A physician shall determine if
					 the resident's physical condition indicates the need for a transfer to a
					 hospital, nursing home or rehabilitation center.
(3) Have first aid supplies available and
					 adhere to current Centers for Disease Control and the Department of Health's
					 recommendations for universal precautions in the administration of first aid
					 and CPR.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VII - Mental Health Manual › Subpart E - Residential Agencies/Facilities/Services › Chapter 5320 - REQUIREMENTS FOR LONG-TERM STRUCTURED RESIDENCE LICENSURE › Subchapter I - BUILDING, FIRE PROTECTION, FURNISHINGS AND MAINTENANCE › Section 5320.81 - Building, physical plant and grounds

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An LTSR may not house more than 16
					 residents. One provider who had been licensed/approved to operate an LTSR with
					 bed capacity in excess of 16 prior to January 1, 1993, is exempt from this
					 provision.
(b) An LTSR shall have
					 the capacity to allow locks on entrances and exits to preclude elopement of
					 involuntarily committed individuals and to prevent unauthorized entrance.
					 Physical attributes of the facility that are intended to maintain necessary
					 levels of protection shall be as unobtrustive as possible to maintain a
					 home-like environment.
(c) The LTSR
					 shall have an adequate supply of hot and cold water piped to each wash basin,
					 bathtub/shower, kitchen sink, commercial dishwasher, and to laundry equipment.
					 Hot water accessible to residents may not exceed 130°F at the
					 outlets.
(d) Heating in rooms used
					 by residents shall be maintained at a temperature of not less than 65°F or,
					 when there are residents 65 years of age and older, not less than
					 70°F.
(e) Portable space
					 heaters are prohibited. Space heaters shall be adequately vented and installed
					 with permanent connections and protectors.
(f) Steam heat radiators and pipes in rooms
					 and areas used by residents and within reach of residents shall be
					 covered.
(g) Fireplaces shall be
					 securely screened when in use.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VII - Mental Health Manual › Subpart E - Residential Agencies/Facilities/Services › Chapter 5320 - REQUIREMENTS FOR LONG-TERM STRUCTURED RESIDENCE LICENSURE › Subchapter I - BUILDING, FIRE PROTECTION, FURNISHINGS AND MAINTENANCE › Section 5320.82 - Fire protection and safety

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The program director shall arrange for
					 the local fire department or another outside safety consultant to inspect and
					 approve each LTSR site for fire safety and to determine the number, location
					 and type of fire extinguishers and smoke detectors required. This fire safety
					 inspection shall be done before initial occupancy and repeated at least every 2
					 years thereafter. Inspections shall be documented.
(b) Emergency telephone numbers for the fire
					 department, local police and on-call direct care staff shall be posted at each
					 telephone in the LTSR.
(c) The
					 staff shall be instructed in the operation of the fire extinguishers.
(d) Residents may be permitted to smoke only
					 in designated areas. Proper safeguards shall be taken against the fire hazards
					 involved in smoking, such as providing ash trays.
(e) Fire drills at each LTSR site shall be
					 documented and held at least every 2 months; night time drills shall be
					 conducted semiannually.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VII - Mental Health Manual › Subpart E - Residential Agencies/Facilities/Services › Chapter 5320 - REQUIREMENTS FOR LONG-TERM STRUCTURED RESIDENCE LICENSURE › Subchapter I - BUILDING, FIRE PROTECTION, FURNISHINGS AND MAINTENANCE › Section 5320.83 - Living/sleeping quarters

Current through Register Vol. 54, No. 28, July 13, 2024
(a) No
					 more than two residents may be housed in any room regardless of its
					 size.
(b) A single occupancy room
					 shall have at least 80 square feet of floor space. Bedrooms for two persons
					 shall have at least 60 square feet of floor space per person and have
					 sufficient floor space to accommodate the items required in §
											5320.84 (relating to furnishings
					 and equipment). If a bedroom has a built-in closet, up to 9 square feet per
					 closet may be counted in calculating the square footage of floor space.
					 Bedrooms for one or more immobile residents may require additional square
					 footage sufficient to accommodate the special needs of the resident, such as a
					 wheelchair or special furniture or equipment.
(c) Bedroom windows shall have curtains,
					 shades or blinds that cover the entire window when drawn.
(d) Residents shall have direct access to
					 bathrooms, kitchens and other living areas without having to pass through the
					 bedroom of another resident.
(e)
					 Residents who are immobile shall be given bedrooms on the ground floor closest
					 to the exit.
(f) Bunk beds or other
					 raised beds of any type which require a resident to climb steps or ladders to
					 get into or out of bed may not be used.
(g) Resident bedrooms are reserved for use by
					 their occupants; they may not be used as common rooms for group
					 activities.
(h) There shall be one
					 tub or shower for every six or fewer residents. Each LTSR shall have at least
					 one bathtub.
(i) Bathrooms shall be
					 equipped with soap, toilet paper and sanitary towels or a hand blow dryer. Rack
					 space shall be provided in the bathroom for personal towels. The use of common
					 towels is prohibited.
(j) Toilet
					 and bath areas shall have grab bars, hand rails and assist bars as needed. Tubs
					 and showers shall have nonslip surfaces. Multiple toilets, bathtubs or showers
					 in the same room shall be enclosed to provide privacy.
(k) Residents shall have the use of
					 recreation or lounge areas which, in combination, shall be large enough to
					 accommodate all residents at once. Lounge areas shall be equipped with adequate
					 and appropriate seating, lighting sufficient for reading and tables. A working
					 television and radio shall be available in at least one lounge area. The LTSR
					 provider shall provide reading and recreational materials for
					 residents.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VII - Mental Health Manual › Subpart E - Residential Agencies/Facilities/Services › Chapter 5320 - REQUIREMENTS FOR LONG-TERM STRUCTURED RESIDENCE LICENSURE › Subchapter I - BUILDING, FIRE PROTECTION, FURNISHINGS AND MAINTENANCE › Section 5320.84 - Furnishings and equipment

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Each resident's bedroom or bed area shall be equipped with the following items,
					 which shall be clean and maintained in good repair:
(1) A single or double bed with a mattress
					 and firm box spring.
(2) A bed
					 pillow.
(3) Bed linens and
					 blankets.
(4) Towels and wash
					 cloths.
(5) A chair.
(6) A bedside table or shelf.
(7) A bedside lamp.
(8) A towel bar.
(9) A dresser and mirror.
(10) A clothes closet or wardrobe.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VII - Mental Health Manual › Subpart E - Residential Agencies/Facilities/Services › Chapter 5320 - REQUIREMENTS FOR LONG-TERM STRUCTURED RESIDENCE LICENSURE › Subchapter I - BUILDING, FIRE PROTECTION, FURNISHINGS AND MAINTENANCE › Section 5320.85 - Housekeeping and maintenance

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Furniture shall be arranged to provide for the safety and comfort of the
					 residents and to permit quiet privacy zones and areas that foster social
					 interactions.
(b) Furnishings and
					 housekeeping shall be maintained so that the LTSR is comfortable, "home-like"
					 and clean.
(c) Residents shall be
					 encouraged to keep their bedrooms neat and tidy and to assist with cleanup of
					 program areas after group or individual activities. The LTSR shall provide
					 basic housekeeping, cleaning and maintenance of the physical plant.
(d) The LTSR shall be free of hazards, such
					 as loose or broken window glass, loose or cracked floors and floor coverings,
					 and cracked or loose plaster on walls or ceilings.
(e) Interior and exterior stairways shall
					 have securely fastened handrails and nonskid surfaces. If present, stair
					 coverings shall also be securely fastened.
(f) Exterior doors and windows opened for
					 ventilation shall be screened.
(g)
					 Appropriate vector control measures shall be used to keep the LTSR free from
					 insects, rodents and other pests.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VII - Mental Health Manual › Subpart E - Residential Agencies/Facilities/Services › Chapter 5320 - REQUIREMENTS FOR LONG-TERM STRUCTURED RESIDENCE LICENSURE › Subchapter I - BUILDING, FIRE PROTECTION, FURNISHINGS AND MAINTENANCE › Section 5320.86 - Laundry service

Current through Register Vol. 54, No. 28, July 13, 2024
Laundry service for bed linens, towels and personal
						clothing shall be provided unless otherwise indicated in the resident/provider
						contract, and shall meet the following requirements:
(1) The supply of linen shall be sufficient
					 to ensure a complete bed linen change at least once per week.
(2) Clean linens shall be stored in an area
					 separate from soiled linen and clothing. Soiled articles shall be kept in
					 covered containers.
(3) The
					 provider shall take measures to ensure that the resident's clothing is not lost
					 or misplaced in the process of laundering.
(4) A washer and dryer shall be provided for
					 resident use. Residents shall be encouraged and trained in their use to care
					 for personal clothes.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VII - Mental Health Manual › Subpart E - Residential Agencies/Facilities/Services › Chapter 5320 - REQUIREMENTS FOR LONG-TERM STRUCTURED RESIDENCE LICENSURE › Subchapter J - FOOD SERVICE › Section 5320.91 - Food service

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Residents shall be provided with at least three well-balanced, nutritious meals
					 daily. Snacks shall also be available.
(b) When a resident unavoidably misses a
					 scheduled meal, the provider shall ensure that a substitute meal is provided to
					 the resident.
(c) Special diets,
					 dietary restrictions and supplements that are prescribed by the resident's
					 physician shall be accommodated by the LTSR.
(d) Enough flexibility shall be built into
					 mealtimes to accommodate the regular schedules of individual
					 residents.
(e) The week's menu
					 shall be prepared at least 7 days in advance. The current week's menu shall be
					 posted in a resident accessible location.
(f) Meals shall be provided to residents in a
					 dining room or dining area, except that service in the resident's room shall be
					 available when clinically indicated.
(g) The dining area shall be furnished with
					 sufficient tables and chairs to accommodate all residents at one
					 sitting.
(h) Utensils used to
					 prepare and serve food and beverages shall be free from chips and
					 cracks.
(i) Food stored, prepared
					 or served by the LTSR shall be clean and safe for human consumption and meet
					 applicable Federal standards.
(j)
					 Food returned from individual plates may not be reused or reserved.
(k) Refrigerators shall be maintained below
					 45°F.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VII - Mental Health Manual › Subpart E - Residential Agencies/Facilities/Services › Chapter 5320 - REQUIREMENTS FOR LONG-TERM STRUCTURED RESIDENCE LICENSURE › Subchapter K - WAIVER OF STANDARDS › Section 5320.101 - Waiver of standards

Current through Register Vol. 54, No. 28, July 13, 2024
It is the policy of the Department that the licensees
						comply with applicable Departmental regulations to assure quality of care. The
						Department may, within its discretion and for good reason, grant waivers to
						specific requirements contained in this chapter. A waiver will be granted only
						when the health, safety and welfare of the residents and the quality of
						services provided to residents are not affected. The Department reserves the
						right to revoke a waiver if the conditions required by the waiver are not
						met.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VII - Mental Health Manual › Subpart E - Residential Agencies/Facilities/Services › Chapter 5320 - REQUIREMENTS FOR LONG-TERM STRUCTURED RESIDENCE LICENSURE › Subchapter L - STATEMENT OF POLICY › Section 5320.111 - Community support program (CSP) principles-statement of policy

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An LTSR shall
					 provide a 24-hour therapeutic environment which employs active psychiatric
					 treatment, and psychosocial rehabilitation skills training in a structured
					 residential milieu.
(b) LTSR
					 operational policies and procedures should empower residents to taken an active
					 role in their treatment and other decisions which affect their lives,
					 including:
(1) Creating an environment which
					 reduces stigma, promotes independence and fosters self-esteem.
(2) Policies and procedures that are flexible
					 enough to accommodate cultural diversity among the residents and their
					 individual and changing needs.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart A - Statements of Policy › Chapter 6000 - STATEMENTS OF POLICY › Subchapter C - LICENSING › TYPE OF CERTIFICATE OF COMPLIANCE › Section 6000.301 - Certificate of compliance determination

Current through Register Vol. 54, No. 28, July 13, 2024
The type of certificate of compliance indicated is
						  determined by the type of noncompliance areas, the total weighted score for
						  vocational and community residential mental retardation facilities, the
						  percentage of compliance with the licensing regulations for adult day care
						  centers and the number of repeated areas of noncompliance.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart A - Statements of Policy › Chapter 6000 - STATEMENTS OF POLICY › Subchapter C - LICENSING › COMMUNITY RESIDENTIAL MENTAL RETARDATION FACILITIES AND AGENCIES › Section 6000.302 - Computation of weighted score

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The total weighted score for each
						facility shall be computed according to the instructions in the licensing
						inspection instrument. The individual weights for each licensing inspection
						instrument item are listed in Appendix A.
(b) The distribution of the weighted scores
						used to determine the type of license to be issued is as follows:
(1) Score of 100 through 65 = Regular
						license.
(2) Score of 64 through 43
						= Provisional license.
(3) Score of
						42 and below = No license.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart A - Statements of Policy › Chapter 6000 - STATEMENTS OF POLICY › Subchapter C - LICENSING › COMMUNITY RESIDENTIAL MENTAL RETARDATION FACILITIES AND AGENCIES › Section 6000.303 - No license factors

Current through Register Vol. 54, No. 28, July 13, 2024
If there is noncompliance with either of the following
						  two sections at the time the license is to be issued, no license will be
						  issued:
(1) Section
						6400.13 (relating to maximum
						capacity)-first sentence. This is a no license regulation for new facilities
						and for facilities with no occupancy permit.
(2) Section
						6400.18 (relating to reporting of
						unusual incidents). Each incidence of abuse will be investigated and evaluated
						individually by the Office of Mental Retardation before any negative licensing
						action is taken.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart A - Statements of Policy › Chapter 6000 - STATEMENTS OF POLICY › Subchapter C - LICENSING › COMMUNITY RESIDENTIAL MENTAL RETARDATION FACILITIES AND AGENCIES › Section 6000.304 - Provisional license factors

Current through Register Vol. 54, No. 28, July 13, 2024
If there is noncompliance with any one of the following
						  sections at the time the license is issued, a provisional license is indicated:
(1) Section
						6400.13 (relating to maximum
						capacity)-first sentence. This is a provisional regulation for existing
						facilities that have an occupancy permit, but the occupancy classification is
						not correct.
(2) Section 6400.45
						(relating to staff).
(3) Section
						6400.46(a) and (b) (relating to staff training).
(4) Section
						6400.103 (relating to evacuation
						procedures).
(5) Section
						6400.105 (relating to flammable
						and combustible materials).
(6)
						Section 6400.133 (Reserved).
(7)
						Section 6400.136 (Reserved).
(8)
						Section 6400.156(Reserved).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart A - Statements of Policy › Chapter 6000 - STATEMENTS OF POLICY › Subchapter C - LICENSING › VOCATIONAL FACILITIES › Section 6000.311 - Computation of weighted score

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The total weighted score shall be
						computed according to the instructions in the licensing inspection instrument.
						The individual weights for each item are listed in Appendix B:
(b) The distribution of weighted scores used
						to determine the type of license to be issued is as follows:
(1) Score of 100 through 70 = Regular
						license.
(2) Score of 69 through 52
						= Provisional license.
(3) Score of
						51 and below = no license.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart A - Statements of Policy › Chapter 6000 - STATEMENTS OF POLICY › Subchapter C - LICENSING › VOCATIONAL FACILITIES › Section 6000.312 - No license factors

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						Compliance with certain sections with a weight of 8 or above is so critical
						that if there is noncompliance with that section or subsection a regular
						license cannot be issued.
(b) If
						there is noncompliance with either of the following sections at the time the
						license is to be issued, no license will be issued:
(1) Section
						2390.14(a)
						(relating to fire safety occupancy permit)-weight 8.33. This is a no license
						regulation for new facilities and facilities with no occupancy
						permit.
(2) Section
						2390.19(a) 
						(relating to abuse)-weight 8.81. Each incidence of abuse will be investigated
						and evaluated individually by the Office of Mental Retardation before negative
						licensing action is taken.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart A - Statements of Policy › Chapter 6000 - STATEMENTS OF POLICY › Subchapter C - LICENSING › VOCATIONAL FACILITIES › Section 6000.313 - Provisional license factors

Current through Register Vol. 54, No. 28, July 13, 2024
If there is noncompliance with any of the following
						  sections at the time the license is issued, a provisional license is indicated:
(1) Section
						2390.14(a)
						(relating to fire safety occupancy permit)-weight 8.33. This is a provisional
						regulation for existing facilities that have an occupancy permit, but the
						occupancy classification is not correct.
(2) Section 2390.19 (relating to abuse).
(i) Subsection (b)-weight 8.64.
(ii) Subsection (c)-weight 8.60.
(iii) Subsection (d)-weight
						8.76.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart A - Statements of Policy › Chapter 6000 - STATEMENTS OF POLICY › Subchapter C - LICENSING › ADULT DAY CARE CENTERS › Section 6000.321 - Computation of percentage of compliance

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If there is 95% compliance or above, a
						regular certificate is indicated.
(b) If there is greater than or equal to 85%
						but less than 95% compliance, a provisional certificate is indicated.
(c) If compliance is below 85%, no
						certificate is indicated.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart A - Statements of Policy › Chapter 6000 - STATEMENTS OF POLICY › Subchapter C - LICENSING › ADULT DAY CARE CENTERS › Section 6000.322 - No license factors

Current through Register Vol. 54, No. 28, July 13, 2024
If there is noncompliance with §
												2380.13 (relating to maximum
						  capacity) at the time the license is to be issued, no license can be
						  issued.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart A - Statements of Policy › Chapter 6000 - STATEMENTS OF POLICY › Subchapter C - LICENSING › ADULT DAY CARE CENTERS › Section 6000.323 - Provisional license factors

Current through Register Vol. 54, No. 28, July 13, 2024
If there is noncompliance with any of the following
						  sections at the time the license is issued, a provisional license is indicated:
(1) Section 2380.25
						(Reserved).
(2) Section
						2380.41(Reserved).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart A - Statements of Policy › Chapter 6000 - STATEMENTS OF POLICY › Subchapter C - LICENSING › REQUIREMENTS FOR ALL TYPES OF FACILITIES AND AGENCIES › Section 6000.331 - Repeated noncompliance areas

Current through Register Vol. 54, No. 28, July 13, 2024
(1) Repeated noncompliance areas are
						determined based on the previous annual, provisional or interim-announced and
						unannounced-inspections.
(2)
						Repeated noncompliance areas are determined based on areas of noncompliance
						observed during the previous initial licensing inspection, and not at the time
						the previous license was issued.
(3) If there are one, two or three repeated
						noncompliance areas-regardless of weight-from the previous licensing inspection
						to the present licensing inspection, a provisional certificate is
						indicated.
(4) If there are four or
						more repeated noncompliance areas-regardless of weight-from the previous
						licensing inspection to the present licensing inspection, no certificate is
						indicated.
(5) If there are one or
						more repeated noncompliance areas-regardless of weight-in three or more
						consecutive annual, provisional or interim licensing inspections, no
						certificate is indicated.
(6) For
						community residential agencies, if the same noncompliance area at one facility
						is repeated at a different facility operated by the same community residential
						agency during the next inspection, this is considered a repeated noncompliance
						area.
(7) Physical site
						noncompliance areas under §§
												2380.61 and
						6400.76 (relating to telephone;
						and furniture and equipment) are not considered repeated noncompliance areas if
						the specific object or condition cited for repair differs from the previous
						inspection. For example, if a doorknob is missing 1 year and the next year the
						paint is cracked and peeling, this is not repeated noncompliance. If there is
						cracked, peeling paint cited in two consecutive inspections-even in different
						community residential agency facilities-this is repeated
						noncompliance.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart A - Statements of Policy › Chapter 6000 - STATEMENTS OF POLICY › Subchapter C - LICENSING › REQUIREMENTS FOR ALL TYPES OF FACILITIES AND AGENCIES › Section 6000.332 - Recommendation variance

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						weighting and percentage of compliance systems are guidelines used to determine
						the type of licensing to be issued. It is recognized that in special
						circumstances these standardized scoring systems may not be in the best
						interests of the clients and that professional discretion must be
						exercised.
(b) The policies and
						procedures for the type of certificate of compliance should be the basis for
						the licensure recommendation. If the Regional Mental Retardation Program
						Manager disagrees with the type of certificate to be issued based on this
						chapter, the Regional Mental Retardation Program Manager may make a
						recommendation that differs from these policies and procedures. If the Regional
						Mental Retardation Program Manager makes a recommendation for licensure that is
						inconsistent with the manual instructions, detailed written justification for
						the variance from the Regional Mental Retardation Program Manager will
						accompany the licensure packet.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart A - Statements of Policy › Chapter 6000 - STATEMENTS OF POLICY › Subchapter C - LICENSING › LICENSED/APPROVED CAPACITY › Section 6000.341 - Capacity

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						Licensed/approved capacity is defined as the maximum number of clients or
						residents who may be served at a facility at any one time. The
						licensed/approved capacity appears on a certificate of compliance. Capacity is
						based on the amount of available indoor floor space at the facility. Compliance
						with all other licensing regulations is measured by onsite observation, record
						review and interviews. Compliance with staffing ratios is measured by actual
						attendance on any given day.
(b)
						Licensed/approved capacity does not mean that the facility currently meets all
						the staffing requirements necessary for that number of clients.
						Licensed/approved capacity means only that the facility may serve up to the
						specified number of clients as determined by the application of minimum floor
						space requirements. The actual number of clients served depends on the facility
						meeting staffing and other regulations.
(c) The capacity of a facility will be
						increased or decreased only in the following instances:
(1) There is renovation or construction of
						the facility which changes the amount of indoor floor space.
(2) There is reallocation of the indoor
						space.
(3) There was an error in
						the previous calculation of the amount of indoor floor space.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart A - Statements of Policy › Chapter 6000 - STATEMENTS OF POLICY › Subchapter C - LICENSING › LICENSED/APPROVED CAPACITY › Section 6000.342 - Indoor floor space

Current through Register Vol. 54, No. 28, July 13, 2024
The minimum amount of indoor floor space required for
						  facilities is specified in the appropriate chapter of licensing regulations and
						  further clarified in the corresponding licensing inspection instrument.
(1) Community Residential Mental Retardation
						Facilities-§§
												6400.85(b) and
						6400.232 (relating to swimming
						pools; and awake staff persons) and corresponding sections of the Licensing
						Inspection Instrument. In addition to the amount of indoor floor space, the
						licensed/approved capacity for community residential facilities shall also be
						based upon the type of fire safety approval that the facility has. The
						licensed/approved capacity shall be based upon the amount of indoor floor space
						not to exceed the occupancy limit of the facility's current fire safety
						approval. For example, if a facility has indoor floor space for 12 residents,
						but the facility has only a C-3 Certificate of Occupancy from the Department of
						Labor and Industry which limits occupancy to eight residents, the
						licensed/approved capacity will be eight.
(2) Adult Day Care Centers-§
												2380.61 (relating to minimum
						amount of space) and corresponding section of the licensing inspection
						instrument. For the adult day care centers, indoor floor space is measured wall
						to wall, including space occupied by furniture. Hallways and offices are not
						counted when measuring indoor floor space. Dining areas, kitchens, bathrooms
						and first aid rooms are counted when measuring indoor floor space if it is
						clearly documented that the area is used for program purposes for at least 50%
						of each program day or if it is clearly documented in the facility's training
						curriculum that the area is used as an integral part of their training
						program.
(3) Vocational
						Facilities-§
												2390.52 (relating to indoor floor
						space) and corresponding sections of the licensing inspection
						instrument.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart A - Statements of Policy › Chapter 6000 - STATEMENTS OF POLICY › Subchapter C - LICENSING › LICENSURE OF COMMUNITY RESIDENTIAL MENTAL RETARDATION FACILITIES › Section 6000.351 - Licensing criteria

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						following criteria should be applied to determine if a facility should be
						licensed under Chapter 6400 (relating to community homes for individuals with
						mental retardation).
(1) If a facility meets
						either of the following criteria, the facility is considered a community
						residential facility and shall comply with Chapter 6400:
(i) The facility is leased or owned by the
						provider agency or County MH/MR Program. The resident does not sign his own
						lease or own his own home.
(ii) An
						average of more than 10 hours of direct staff contact per week is provided to
						the facility. Staff may or may not live within the same apartment building or
						complex.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart A - Statements of Policy › Chapter 6000 - STATEMENTS OF POLICY › Subchapter C - LICENSING › LICENSURE OF ADULT DAY CARE CENTERS LOCATED IN NURSING HOMES › Section 6000.361 - Adult day care centers in a nursing home

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If an adult day care center located in a
						nursing home serves only nursing home clients, the Department should not
						license the adult day care center.
(b) If an adult day care center located in a
						nursing home serves one or more public clients (nonnursing home clients), with
						at least a total of four clients, the Department should license the adult day
						care center using the following procedures:
(1) The inspector asks the provider or
						inspects the facility to determine if the facility has a current License to
						Operate a Health Care Facility issued by the Department of Health. This license
						covers both skilled and intermediate nursing homes. This license should be
						posted in a conspicuous place in the facility.
(2) If the facility has a current Department
						of Health license, the provider shall acquire a letter from the Department of
						Health stating that specific space within the nursing home building may be
						utilized for adult day care.
(3) If
						the provider produces a letter from the Department of Health stating that
						specific space may be used for adult day care, standard procedures should be
						followed.
(4) If the provider
						cannot produce a letter from the Department of Health stating that space may be
						used for adult day care, the Department of Human Services cannot license the
						facility for adult day care and the facility may not provide adult day care to
						nonnursing home clients.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart A - Statements of Policy › Chapter 6000 - STATEMENTS OF POLICY › Subchapter C - LICENSING › DUAL LICENSURE OF ADULT DAY CARE CENTERS AND VOCATIONAL REHABILITATION FACILITIES › Section 6000.371 - Dual licensure

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						facility should be licensed under both adult day care center and vocational
						facility regulations if the regulatory definitions of both sets of regulations
						are met. The main regulatory distinction between an adult day care center and a
						vocational facility is that an adult day care center, less than 20% of the
						client's programming is comprised of remunerative work experience. In a
						vocational facility, 20% or more of the client's programming is comprised of
						remunerative work experience. The average percentage of remunerative work
						experience provided to each client over a 12-month period will be considered in
						this determination.
(b) If both
						adult day care center and vocational facility definitions are met, the
						following dual licensure procedures apply.
(1) Adult day care clients and vocational
						clients must be served in separate and distinct program areas or groups within
						the facility. Nonprogram areas such as bathrooms and dining areas can be
						shared.
(2) Apply both sets of
						regulations, completing two separate licensing inspection instrument
						scoresheets and two licensing inspection instruments.
(3) Apply adult day care and vocational
						regulations separately. For example, apply 1:7 ratio adult day care clients and
						1:15 or 1:20 ratio for vocational facility clients.
(4) Issue two separate certificates. It is
						possible that the adult day care center could receive a regular certificate and
						the vocational facility could receive a provisional certificate.
(5) The facility will appear on licensing
						printouts as both an adult day care center and a vocational facility.