Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 11 - OLDER ADULT DAILY LIVING CENTERS › Subchapter A - LICENSURE AND OPERATION REQUIREMENTS › GENERAL LICENSING PROVISIONS › Section 11.213 - Additional definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this section
						and §§
											11.211,
						11.212,
						11.221-11.223,
						11.231,
						11.232,
						11.241-11.245, 11.251, 11.252,
						11.261-11.270, 11.281, 11.282, 11.291 and 11.292 have the following meanings,
						unless the context clearly indicates otherwise:
Appeal
-A signed and dated written
						request for reconsideration or modification of a Departmental decision that
						affects the license of a center.
Change of ownership
-The sale or transfer
						of a center from one legal entity to another with the expectation that the
						center will continue to operate for the same purpose for which it is licensed
						at the time of the sale or transfer.
Conviction
-A verdict of guilty, a guilty
						plea, a plea of nolo contendere or acceptance into the Accelerated
						Rehabilitative Disposition (ARD) Program in the trial court. In the latter
						case, a person is considered to have been convicted until the person has
						successfully completed the ARD Program.
Denial
-Refusal to issue a license to a
						new applicant or to reissue a license to an existing licensee.
Existing center
-A center for which the
						legal entity has been issued a license within the preceding 12 months.
Interim license
-A license, issued to an
						applicant seeking to operate an older adult daily living center for the first
						time at a specified location, indicating that the applicant is suitable, the
						premises are safe and the applicant is likely to comply substantially with all
						applicable statutes, ordinances and regulations prior to the expiration of the
						interim license.
Legal entity
-A person, society,
						corporation, governing authority or partnership legally responsible for the
						administration and operation of a center.
License
-A document issued to a legal
						entity permitting it to operate an older adult daily living center, at a given
						location, for a specified period of time, and according to appropriate
						Departmental program licensure regulations.
New center
-A center that has not been
						licensed by the Department within the preceding 12 months.
Nonprofit
-Operating other than for
						profit.
Nonrenewal
-Refusal to renew a regular or
						provisional license.
Profit
-Operating with the expectation of
						providing a financial benefit to someone or something other than the center
						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
						center. A nonprofit legal entity may be considered as operating a center 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 license
-A license indicating
						substantial, but not complete, compliance with applicable statutes, ordinances
						and regulations.
Regular license
-A license indicating
						compliance with program and procedural licensure regulations.
Revocation
-Retraction of a license prior
						to its expiration.
This section cited in 6 Pa. Code §
													11.211 (relating to purpose); and 6
						  Pa. Code §
													11.212 (relating to
						  applicability).