Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 21 - DOMICILIARY CARE SERVICES FOR ADULTS › PROVIDER RIGHTS AND RESPONSIBILITIES › Section 21.82 - Other provider responsibilities

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  provider shall pay a client for work performed which is of a consequential
				  economic benefit to the provider. This work shall be paid for under 29 CFR Part
				  529 (relating to employment of patient workers in hospitals and institutions at
				  subminimum wages) and the Fair Labor Standards Act of 1938 (29 U.S.C.A. §§
											201-219).
(b) The provider may not enter into a
				  contract to keep or care for a client for the remainder of the client's
				  life.
(c) The provider shall assure
				  that clients in the home are informed of, and afforded, the rights delineated
				  in §
										21.91 (relating to client
				  rights).
(d) The provider may not
				  accept a power of attorney, a designation as representative to receive Social
				  Security payments or the legal guardianship from a client, unless prior written
				  approval is received from the AAA.
(e) The provider shall permit members of a
				  client's family, community service organizations and representatives of
				  community legal service programs and the Department to have access to the
				  domiciliary care home during the home's visitation hours or by appointment for
				  the purpose of visiting or rendering assistance to a client or informing
				  clients of the availability of services and assistance. The visitation hours
				  shall be at a reasonable time of day and a reasonable amount of time shall be
				  allowed for visitation.
(f) The
				  provider shall permit access to the home for the AAA to conduct follow-up
				  interviews, inspections and emergency visits under §§
										21.29(1)(i) and
				  (ii) (relating to redetermination of provider
				  eligibility and recertification of domiciliary care homes).
(g) The provider shall have a physical
				  examination at least every 2 years to demonstrate that the provider continues
				  to meet the criteria and responsibilities in §§
										21.26(3) and
				  21.28(2)(vi)
				  (relating to domiciliary care home provider eligibility; and provider
				  application and home certification process).
(h) The provider shall maintain in force an
				  insurance policy in accordance with the specifications in §
										21.28(2)(viii)
				  (relating to provider application and home certification process).
(i) By July 6, 1990, a current provider shall
				  successfully complete a training program offered under §
										21.52(5) (relating
				  to AAA service responsibilities) and a basic life support course in
				  Cardiopulmonary Resuscitation (CPR) and Basic First Aid offered through a local
				  Red Cross Chapter or other similar resource. Failure to complete these training
				  programs may lead to the removal of provider certification by the
				  AAA.
(j) A provider determined to
				  be eligible after January 6, 1990 shall meet the requirements of subsection (i)
				  within 6 months of the date their eligibility determination was made by the
				  AAA.
(k) After-receiving initial
				  training, a provider shall maintain certification in CPR and Basic First Aid by
				  completing requisite course updates at intervals prescribed by the training
				  resources-for example, the Red Cross.
This section cited in 6 Pa. Code §
												21.52 (relating to AAA service
						responsibilities); 6 Pa. Code §
												21.55 (relating to AAA placement
						activities); and 6 Pa. Code §
												21.81 (relating to provider
						financial accountability).