Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VI - Mental Health/Intellectual Disability/Autism Manual › Subpart A - Statements of Policy › Chapter 4000 - FOSTER CARE › Subchapter B - PROCEDURES FOR REVIEW OF SERVICE ELIGIBILITY AND TERMINATION DECISIONS › Section 4000.201 - Generally

Current through Register Vol. 54, No. 28, July 13, 2024
(a) County MH/MR
					 administrators are directed to establish policies providing for documentation
					 of decisions associated with applications for service and termination of
					 service. The granting of one service does not relieve the county programs from
					 the following requirements whenever another service is denied or terminated.
					 Further, these policies are to provide that:
(1) A client shall receive a timely, written
					 response to an application for services and timely, written notice of intention
					 to terminate service. A copy of the written response or notice shall be
					 retained in the client's file.
(2)
					 The response contains a statement why any portion of the application could not
					 be granted and a notice of termination shall contain a statement why the
					 service is being terminated-for example, client not eligible for MH or MR
					 services, services are not appropriate, no positions in a program are available
					 for the applicant, the applicant is not a resident of the county, or other
					 appropriate reasons. The response or notice of termination shall inform the
					 client of the availability of the review procedures set forth in this
					 section.
(3) Without excluding
					 additional review provided by the county programs, at a minimum an applicant
					 denied services or a client whose services are being terminated may seek review
					 of the denial or decision to terminate service by the county administrator or
					 the administrator's designee. The person conducting the review should not have
					 participated in the application or termination at issue, as the goal is to
					 provide a fair, impartial review.
(4) At the review before the county
					 administrator or designee, the client will be given an opportunity to be
					 present, present documentation in support of the client's position, present and
					 question witnesses and be accompanied by other persons to assist in the
					 presentation. The person who made the decision under review will also be
					 present and may be questioned by either party. Relevant information or
					 witnesses may be presented at this review by the county. The entire review
					 meeting will be tape-recorded by the administrator or a designee at no expense
					 to the client and the tape retained by the administrator. Either party may have
					 the meeting transcribed from the tape at the party's own expense.
(5) The decision of the administrator, or
					 designee, shall be made promptly in writing and contain a statement of the
					 findings and reasons for the decision, including reasons why the services
					 sought by the client will not be provided as requested or why the termination
					 decision was upheld and what criteria were applied. A copy of the decision will
					 be provided promptly to the client and to the client's representative, if there
					 is one, by mail or by personal service.