Pennsylvania Code › Title 55 - HUMAN SERVICES › Part I - Department of Human Services › Subpart C - Licensing/Approval › Chapter 20 - LICENSURE OR APPROVAL OF FACILITIES AND AGENCIES › GENERAL PROVISIONS › Section 20.4 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this chapter,
						have the following meanings, unless the context clearly indicates
						otherwise:
Agency
-An organization that operates
						facilities or provides services for which the Department has promulgated
						licensure or approval regulations.
Appeal
-A signed and dated written
						request for reconsideration or modification of a Departmental decision that
						affects the certificate of compliance of a facility or agency.
Approval
-Certification of compliance
						with program regulations promulgated under Article IX of the Public Welfare
						Code (62 P. S. §§
												901-922).
Certificate of compliance
-A document
						issued to a legal entity permitting it to operate a specific type of facility
						or agency, at a given location, for a specified period of time, and according
						to appropriate Departmental program licensure or approval regulations.
Change of ownership
-The sale or transfer
						of a facility or agency from one legal entity to another with the expectation
						that the facility or agency will con-tinue to operate for the same purpose for
						which it is licensed or approved at the time of the sale or transfer.
Denial
-Refusal to issue a certificate of
						compliance to a new applicant.
Department
-The Department of Public
						Welfare of the Commonwealth.
Existing facility or agency
-A facility
						or agency that has been licensed or approved by the Department within the
						preceding 12 months.
Facility
-Individual premises for which
						the Department has promulgated licensure or approval regulations.
Legal entity
-A person, society,
						corporation, governing authority or partnership legally responsible for the
						administration and operation of a facility or an agency.
Licensure
-Certification of compliance
						with program regulations promulgated under Article X of the Public Welfare Code
						(62
						P. S. §§
												1001-1080).
New facility or agency
-A facility or
						agency that has not been licensed or approved by the Department within the
						preceding 12 months.
Nonprofit
-Operating other than for
						profit.
Nonrenewal
-Refusal to renew a regular or
						provisional certificate of compliance.
Profit
-Operating with the expectation of
						providing a financial benefit to someone or something other than the facility
						or agency itself. The focus is upon the ultimate aim of the enterprise, not the
						financial results of a particular period of operation. The focus is also upon
						the particular premises involved and not the legal entity which operates the
						facility or agency. A nonprofit legal entity may be considered as operating a
						facility or agency for profit if the particular premises involved provide a
						financial benefit to the parent legal entity. A legal entity not possessing a
						certificate of tax exempt status from the Internal Revenue Service will be
						considered operating for profit unless it provides satisfactory proof
						otherwise.
Provisional certificate of compliance
-A
						certificate of compliance indicating substantial, but not complete, compliance
						with program licensure or approval regulations.
Regular certificate of compliance
-A
						certificate of compliance indicating compliance with program licensure or
						approval regulations.
Revocation
-Retraction of a certificate
						of compliance prior to its expiration.