reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 22 - PHARMACEUTICAL ASSISTANCE CONTRACT FOR THE ELDERLY › PROVIDER MISUTILIZATION AND ABUSE › Section 22.83 - Prohibited acts and criminal penalties

Current through Register Vol. 54, No. 28, July 13, 2024
(a) It is unlawful for a person to submit a
				  false or fraudulent claim or application under the act; to aid or abet another
				  in the submission of a false or fraudulent claim or application; to receive
				  benefits or reimbursement under a private, State or Federal program for
				  prescription assistance and claim or receive duplicative benefits under this
				  chapter; to solicit, receive, offer or pay a kickback, bribe or rebate, in case
				  or in-kind, from or to a person in connection with the furnishing of services
				  under the act; or to otherwise violate a provision of the act. A person who
				  commits a prohibited act shall be charged with a criminal offense under 18
				  Pa.C.S. (relating to the Crimes Code).
(b) A person who is found guilty of a
				  criminal offense under the act is subject to repay three times the value of any
				  material gain received as a result of the offense.
This section cited in 6 Pa. Code §
												22.101 (relating to provider
						appeals).
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 22 - PHARMACEUTICAL ASSISTANCE CONTRACT FOR THE ELDERLY › PROVIDER MISUTILIZATION AND ABUSE › Section 22.84 - Administrative actions and penalties

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Grounds for action.
The
				  Department may terminate an enrolled provider's agreement and seek restitution
				  from that provider if it determines that the provider, owner of the provider,
				  an employe of the provider or an agent of the provider has done one of the
				  following:
(1) Failed to comply with §
											22.82 (relating to false or
				  fraudulent claims by providers) or other provisions of the PACE
				  Program.
(2) Failed to comply with
				  the conditions of participation in the PACE Program.
(3) Failed to comply with the terms of the
				  provider agreement.
(4) Been
				  precluded or excluded for cause, either voluntarily or involuntarily, from
				  Medicare or Medical Assistance.
(5)
				  Been convicted of a Medicare or Medical Assistance related criminal offense as
				  certified by a Federal, State or local court.
(6) Been convicted of a criminal offense
				  under State or Federal laws relating to the practice of the provider's
				  profession as certified by a court.
(7) Been subject to license suspension or
				  revocation following disciplinary action entered against the provider by the
				  State licensing or certifying agency.
(8) Had a controlled drug license withdrawn
				  or failed to report to the Department changes in the provider's Drug
				  Enforcement Agency Number.
(9) In
				  the case of dispensing physicians who are providers, dispensed prescriptions
				  which the Department has determined to be harmful to the claimant, of inferior
				  quality or medically unnecessary.
(10) Refused to permit authorized State or
				  Federal officials or their agents to examine the provider's medical, fiscal or
				  other records as necessary to verify claims under the PACE Program.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 22 - PHARMACEUTICAL ASSISTANCE CONTRACT FOR THE ELDERLY › PROVIDER MISUTILIZATION AND ABUSE › Section 22.85 - Re-enrollment of providers whose agreements have been terminated

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Request
				  for re-enrollment.
To request re-enrollment the provider shall send a
				  written request to the Department. For the request to be considered, it should
				  include statements from peer review bodies, probation officers where
				  appropriate or professional associates, giving factual evidence to support
				  their belief that the violation leading to the termination will not be
				  repeated. A statement from the provider setting forth the reasons why he should
				  be re-enrolled should also be included.
(b)
Criteria for provider
				  re-enrollment.
In considering the provider's request for
				  re-enrollment, the Department will take into account such factors as the
				  severity of the offense, whether there has been licensure action against the
				  provider, whether the provider has been convicted in a State, Federal or local
				  court of Medicaid offenses or similar offenses and whether there are claims or
				  penalties outstanding against the provider. If the Department's notice of
				  termination or exclusion specifies a date after which the Department will
				  consider re-enrolling the provider, the Department will under no circumstances
				  consider re-enrolling the provider before the specified date. Under §
										22.101(b)(3)
				  (relating to provider appeals), the Department rejection of a request for
				  re-enrollment prior to the specified date is not subject to appeal.
(c)
Notification of action on
				  re-enrollment request.
The provider will be notified in writing of the
				  Department's decision on a request for re-enrollment within 60 days of the date
				  of receipt of the application. The Department's notification of approval of a
				  re-enrollment request shall contain an effective date of
				  re-enrollment.
This section cited in 6 Pa. Code §
												22.61 (relating to conditions of
						provider eligibility).
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 22 - PHARMACEUTICAL ASSISTANCE CONTRACT FOR THE ELDERLY › PROVIDER MISUTILIZATION AND ABUSE › Section 22.86 - Provider right of appeal

Current through Register Vol. 54, No. 28, July 13, 2024
Departmental actions against a provider for misutilization
					 or abuse of PACE Program provisions are subject to the provider's right of
					 appeal under §§
										22.101-22.104 (relating to provider
					 hearings and appeals).
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 22 - PHARMACEUTICAL ASSISTANCE CONTRACT FOR THE ELDERLY › CLAIMANT HEARINGS AND APPEALS › Section 22.91 - Applicant or claimant appeals

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Appealable actions.
Applicants for, or claimants of, benefits
				  provided under the PACE Program shall have the right to appeal the following
				  adverse actions taken by the Department:
(1)
				  The rejection of an application for enrollment in the PACE Program except as
				  provided for in subsection (b)(1).
(2) The suspension or termination of a
				  claimant's enrollment and the benefits of enrollment in the program because of
				  abuse or misuse of the program.
(3)
				  The disallowance of, and actions to recover, costs related to claimant abuse or
				  misuse of the program benefits.
(4)
				  Other adverse actions of the Department except those which are indicated in
				  subsection (b).
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 22 - PHARMACEUTICAL ASSISTANCE CONTRACT FOR THE ELDERLY › CLAIMANT HEARINGS AND APPEALS › Section 22.92 - Notification of adverse action and right to appeal

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department will provide written
				  notice of an adverse action it has decided to take against a claimant or
				  applicant directly to the party affected by the decision or to the party's
				  representative.
(b) The notice of
				  adverse action will be given in a timely manner and the notice will not be
				  given more than 30 days after the decision has been made.
(c) The notice will include the reasons for
				  the action and the evidence upon which the action is based.
(d) The notice will advise the person
				  affected by the decision that:
(1) In the
				  case of a proposed action to terminate the benefits of a claimant, the adverse
				  action will be effective no sooner than 30 days after the date of the
				  notice.
(2) The decision may be
				  appealed under this chapter.
(3) If
				  an appeal is to be made, it shall be filed with the Department within 30 days
				  following the date of the notice of adverse action.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 22 - PHARMACEUTICAL ASSISTANCE CONTRACT FOR THE ELDERLY › CLAIMANT HEARINGS AND APPEALS › Section 22.93 - Filing of appeals

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Appeals
				  shall be filed within 30 days of the date of a notice of adverse action and
				  shall be submitted to the Department.
(b) In the case of appeals of proposed
				  adverse actions to terminate a claimant's benefits under the PACE Program,
				  filing of the appeal within the 30 days allowed will prevent termination of
				  benefits until the end of the appeal process.
(c) The content of applicant or claimant
				  appeals shall include the appellant's name, address, telephone number, PACE
				  enrollment number and the reasons for the appeal. If the appellant has no PACE
				  enrollment number, the appeal shall include the appellant's Social Security
				  Number, when available.
This section cited in 6 Pa. Code §
												22.37 (relating to right of
						appeal); 6 Pa. Code §
												22.46 (relating to right of
						appeal); and 6 Pa. Code §
												22.74 (relating to claimant right
						of appeal); and 6 Pa. Code §
												22.95 (relating to formal appeals
						and hearings).
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 22 - PHARMACEUTICAL ASSISTANCE CONTRACT FOR THE ELDERLY › CLAIMANT HEARINGS AND APPEALS › Section 22.94 - Informal handling of appeals

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  The Department will initially seek to resolve all applicant/claimant appeals
				  through a letter-ruling process which shall consist of the following steps:
(1) The Department will review the adverse
				  action taken, including a review of applicable documentation, to determine any
				  possibility of error.
(2) Within 15
				  days of the receipt of the appeal, a letter will be sent to the
				  applicant/claimant which sets forth the results of the review. The letter will
				  cite the statutory/regulatory basis for the results, indicate the appropriate
				  action being taken and inform the applicant/claimant of the right to a formal
				  hearing if the applicant/claimant does not accept the results set forth in the
				  letter.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 22 - PHARMACEUTICAL ASSISTANCE CONTRACT FOR THE ELDERLY › CLAIMANT HEARINGS AND APPEALS › Section 22.95 - Formal appeals and hearings

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Right to a formal hearing.
If an applicant/claimant who has
				  filed an appeal under §
										22.93 (relating to filing an
				  appeal) disagrees with the Department's letter ruling, the applicant/claimant
				  is entitled to a formal hearing on the complaint.
(b)
Notification of the
				  Department.
If the appellant wishes to pursue an appeal to a formal
				  hearing, the appellant shall notify the Department in writing within 15
				  calendar days of the date of the letter ruling that the letter ruling is not
				  accepted and a formal hearing is requested.
(c)
Appointment of a hearing
				  examiner.
(1) When the Department
				  receives a request for a formal hearing as provided for under subsections (a)
				  and (b) the Secretary or the Secretary's designee will appoint a hearing
				  examiner to preside over the formal hearing.
(2) It shall be the responsibility of the
				  appointed hearing examiner to schedule the hearing and conduct it in accordance
				  with this chapter and 1 Pa. Code Part II (relating to general rules of
				  administrative practice and procedure).
(3) Subsection (c)(1) supplements 1 Pa. Code
				  §
											35.185 (relating to designation of
				  presiding officers). Subsection (c)(2) supplements 1 Pa. Code §
											35.187 (relating to authority
				  delegated to presiding officers).
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 22 - PHARMACEUTICAL ASSISTANCE CONTRACT FOR THE ELDERLY › PROVIDER HEARINGS AND APPEALS › Section 22.101 - Provider appeals

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Appealable actions.
Providers shall have the right to appeal
				  the following adverse actions taken by the Department:
(1) The rejection of an application for
				  enrollment in the PACE Program when the provider believes the rejection is
				  based upon incorrect or incomplete information.
(2) The termination of an enrolled provider's
				  agreement under §
											22.84 (relating to administrative
				  actions and penalties), except as provided for in subsection (b)(1).
(3) The disallowance of payments to an
				  enrolled provider where the Department has determined the payments are not
				  valid because of provider error, negligence or abuse.
(4) Other adverse actions of the Department
				  except those which are indicated in subsection (b).
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 22 - PHARMACEUTICAL ASSISTANCE CONTRACT FOR THE ELDERLY › PROVIDER HEARINGS AND APPEALS › Section 22.102 - Notification of adverse action and right to appeal

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department will provide written
				  notice of any adverse action it has decided to take against a
				  provider.
(b) The notice of adverse
				  action will be given in a timely manner and in no event will the notice be
				  given more than 30 days after the decision has been made.
(c) The notice will include the reasons for
				  the action and the evidence upon which the action is based.
(d) The notice will advise the provider
				  affected by the decision that:
(1) The
				  decision may be appealed under this chapter.
(2) If an appeal is to be made, it shall be
				  filed with the Department within 30 days following the date of the notice of
				  adverse action.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 22 - PHARMACEUTICAL ASSISTANCE CONTRACT FOR THE ELDERLY › PROVIDER HEARINGS AND APPEALS › Section 22.103 - Filing of appeals

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Appeals
				  shall be filed within 30 days of the date of a notice of adverse action and
				  shall be submitted to the Department.
(b) The form and content of provider appeals
				  shall be under 1 Pa. Code §
										35.10 (relating to form and content
				  of formal complaints).
This section cited in 6 Pa. Code §
												22.62 (relating to conditions of
						provider participation); and 6 Pa. Code §
												22.86 (relating to provider right
						of appeal).
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 22 - PHARMACEUTICAL ASSISTANCE CONTRACT FOR THE ELDERLY › PROVIDER HEARINGS AND APPEALS › Section 22.104 - The handling of appeals

Current through Register Vol. 54, No. 28, July 13, 2024
Appeals or complaints shall be handled as formal complaints
					 under 1 Pa. Code Part II (relating to general rules of administrative practice
					 and procedure).
This section cited in 6 Pa. Code §
												22.62 (relating to conditions of
						provider participation); and 6 Pa. Code §
												22.86 (relating to provider right
						of appeal).
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 22 - PHARMACEUTICAL ASSISTANCE CONTRACT FOR THE ELDERLY › OTHER ADMINISTRATIVE PROVISIONS › Section 22.111 - Forms, handbooks and other materials

Current through Register Vol. 54, No. 28, July 13, 2024
The Department may supplement or interpret this chapter by
					 developing and issuing forms, handbooks or other materials necessary to the
					 effective administration of the program.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 30 - DESIGNATION AND REDESIGNATION OF AREA AGENCIES ON AGING › GENERAL PROVISIONS › Section 30.1 - Purpose and authority

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  purpose of this chapter is to set forth the procedures to be followed by the
				  Department in designating and redesignating organizations or agencies as Area
				  Agencies on Aging.
(b) This chapter
				  is issued pursuant to the authority contained in the act and in conformity with
				  the Older Americans Act of 1965 and Federal regulations issued pursuant to that
				  Act.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 30 - DESIGNATION AND REDESIGNATION OF AREA AGENCIES ON AGING › GENERAL PROVISIONS › Section 30.2 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this chapter,
					 shall have the following meanings unless the context clearly indicates
					 otherwise:
Act
-Section 6 of the act of June 20, 1978
					 (P. L. 477, No. 70) (71 P. S. §§
											581-1-581-12).
Area agency on aging
-The single local
					 agency designated within each planning and service area to administer the
					 delivery of a comprehensive and coordinated plan of social and other services
					 and activities; local agencies which have been designated as Area Agencies on
					 Aging are listed in Appendix A to this chapter.
Area plan
-The plan submitted to the
					 Department by an Area Agency on Aging describing the methods by which it will
					 ensure a coordinated and comprehensive plan of social and other services and
					 activities in the planning and service area.
Chief elected officials
-County
					 commissioners acting collectively, governing bodies of home rule counties, and
					 mayors of cities with a total population of over 100,000.
Department
-The Pennsylvania Department of
					 Aging.
Planning and service area
-The geographic
					 unit within this Commonwealth, as authorized by the Federal Older Americans Act
					 of 1965, for allocation of funds for the delivery of social services;
					 geographic areas which have been designated as planning and service areas in
					 this Commonwealth are displayed in Appendix B of this chapter.
Secretary
-The Secretary of Aging of the
					 Commonwealth.
Units of general purpose local
					 government
-Counties, and municipalities with a total population of
					 over 100,000.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 30 - DESIGNATION AND REDESIGNATION OF AREA AGENCIES ON AGING › DESIGNATION OF AREA AGENCIES › Section 30.11 - Circumstances requiring designation

Current through Register Vol. 54, No. 28, July 13, 2024
An Area Agency on Aging will be designated for each
					 planning and service area in this Commonwealth. The Department will act to
					 designate an organization or agency as the Area Agency on Aging only when
					 changes in the designation of existing planning and service areas result in the
					 creation and designation of a new planning and service area for which no Area
					 Agency on Aging has been designated.
This section cited in 6 Pa. Code §
												30.14 (relating to procedure for
						designation).
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 30 - DESIGNATION AND REDESIGNATION OF AREA AGENCIES ON AGING › DESIGNATION OF AREA AGENCIES › Section 30.12 - Organization/agency eligibility

Current through Register Vol. 54, No. 28, July 13, 2024
In order to be eligible for designation by the Department
					 as an Area Agency on Aging, an organization or agency:
(1) shall be:
(i) an established office of aging which is
				  operating within the newly-designated planning and service area designated by
				  the Department;
(ii) any office or
				  agency of a unit of general purpose local government which office or agency is
				  designated for the purpose of serving as an area agency by the chief elected
				  officials of such unit;
(iii) any
				  office or agency designated by the appropriate chief elected officials of any
				  combination of units of general purpose local government to act on behalf of
				  such combination for such purpose; or
(iv) any public or nonprofit private agency
				  in the newly-designated planning and service area which is under the
				  supervision or direction for this purpose of the designated State agency and
				  which can engage in the planning or provision of a broad range of social
				  services or nutrition services within such newly-designated planning and
				  service area; and
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 30 - DESIGNATION AND REDESIGNATION OF AREA AGENCIES ON AGING › DESIGNATION OF AREA AGENCIES › Section 30.13 - Preference in designation

Current through Register Vol. 54, No. 28, July 13, 2024
In designating an Area Agency on Aging within a
					 newly-designated planning and service area or within any unit of general
					 purpose local government newly-designated as a planning and service area, the
					 Department will give preference to an established office on aging unless it
					 finds that no such office within the newly-designated planning and service area
					 will have the capacity to carry out the area plan.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 30 - DESIGNATION AND REDESIGNATION OF AREA AGENCIES ON AGING › DESIGNATION OF AREA AGENCIES › Section 30.14 - Procedure for designation

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Preliminary departmental action.
Under §
										30.11 (relating to circumstances
				  requiring designation) and in order to make a determination regarding
				  designation in a way which will be efficient, appropriate, and equitable, the
				  Department will take whatever preliminary actions it deems necessary. Such
				  actions will include but need not be limited to the determination through an
				  on-site assessment of the capacity of an organization or agency to carry out
				  all the functions of an Area Agency on Aging as specified in the act and in the
				  Federal Older Americans Act of 1965.
(b)
Issuance of notice of intent to
				  designate.
The procedure for issuance of notice of intent to designate
				  shall be as follows:
(1) The Secretary will,
				  pursuant to §
											30.11 (relating to circumstances
				  requiring designation), and at least 210 days prior to the beginning of the
				  next Area Agency on Aging contract year, issue a written notice of intent to
				  designate an organization or agency as the Area Agency on Aging within a
				  newly-designated planning and service area. This notice will be processed as
				  follows:
(i) The notice will be transmitted
				  to the proposed Area Agency on Aging.
(ii) The notice will be transmitted to the
				  chief elected officials of units of general purpose local government in the
				  newly-designated planning and service area. The chief elected officials shall
				  present their views to the Secretary in writing within 30 days of being
				  notified. Receipt of such views will be promptly confirmed by the Secretary in
				  writing. In the absence of a response from the chief elected officials in the
				  newly-designated planning and service area, the Secretary will proceed with the
				  process of designation pursuant to this Chapter.
(iii) The notice will be published in the
Pennsylvania Bulletin.
(iv) The notice will be published in
				  newspapers of general circulation in the newly-designated planning and service
				  area.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 30 - DESIGNATION AND REDESIGNATION OF AREA AGENCIES ON AGING › REDESIGNATION OF AREA AGENCIES › Section 30.21 - Circumstances requiring redesignation

Current through Register Vol. 54, No. 28, July 13, 2024
The Department will act to redesignate an organization or
					 agency as the Area Agency on Aging within a designated planning and service
					 area when it determines that the currently-designated Area Agency on Aging in
					 the affected planning and service area will not be able to comply
					 satisfactorily with the assurances originally given pursuant to §
										30.12(2) 
					 (relating to organization/agency eligibility) for the coming Area Agency on
					 Aging contract year or in any other circumstances deemed appropriate by the
					 Secretary. Circumstances leading to such an action may include but shall not be
					 limited to the following:
(1) Failure
				  of the Area Agency on Aging to meet the requirements of 45 CFR Part 1321
				  (1980).
(2) Disapproval of the area
				  plan or its amendments.
(3) A
				  finding by the Department that the Area Agency on Aging's administration of the
				  provisions of its approved area plan fails to substantially comply with the
				  requirements of 45 CFR Part 1321 (1980).
(4) A finding by the Department that the
				  provisions of an approved Area Plan fail to substantially comply with 45 CFR
				  Part 1321.
(5) Receipt by the
				  Department of written statements by agencies, organizations, or units of
				  general purpose local government in the affected planning and service area
				  including the Area Agency on Aging itself requesting redesignation of the Area
				  Agency on Aging and providing justification therefor. The Department reserves
				  the right to reject any requests received pursuant to this paragraph which are
				  accompanied by justifications deemed inadequate or spurious.
(6) Any other circumstances unforeseen at the
				  time of original designation.
This section cited in 6 Pa. Code §
												30.23 (relating to procedure for
						redesignation).
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 30 - DESIGNATION AND REDESIGNATION OF AREA AGENCIES ON AGING › REDESIGNATION OF AREA AGENCIES › Section 30.22 - Preliminary departmental action

Current through Register Vol. 54, No. 28, July 13, 2024
In order to make a determination regarding redesignation
					 which will be efficient, appropriate, and equitable, the Department will take
					 whatever preliminary actions it deems necessary. Such actions will include
					 meeting with the governing authority of the currently-designated Area Agency on
					 Aging, and may include, but not be limited to on-site visits or other
					 communication with:
(1) staff of the
				  currently-designated Area Agency on Aging;
(2) subcontractors of the
				  currently-designated Area Agency on Aging;
(3) other service providers in the affected
				  planning and service area;
(4)
				  older persons in the affected planning and service area;
(5) the chief elected officials of units of
				  general purpose local government in the affected planning and service area;
				  and
(6) any other persons,
				  organizations, or agencies in the affected planning and service area.
This section cited in 6 Pa. Code §
												30.23 (relating to procedure for
						redesignation); and 6 Pa. Code §
												30.24 (relating to interim
						emergency redesignation).
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 30 - DESIGNATION AND REDESIGNATION OF AREA AGENCIES ON AGING › REDESIGNATION OF AREA AGENCIES › Section 30.23 - Procedure for redesignation

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Issuance of notice of intent to redesignate.
The procedure for
				  issuance of notice of intent to redesignate shall be as follows:
(1) Pursuant to §§
											30.21 and
				  30.22 (relating to circumstances
				  requiring redesignation; and preliminary departmental action), the Secretary
				  will, at least 240 days prior to the beginning of the next Area Agency on Aging
				  contract year, issue a written notice of intent to redesignate the Area Agency
				  on Aging. This notice will be:
(i)
				  transmitted to the currently-designated Area Agency on Aging in the affected
				  planning and service area;
(ii)
				  transmitted to the chief elected officials of the units of general purpose
				  local government in the affected planning and service area;
(iii) published in the
Pennsylvania
				  Bulletin;
and
(iv)
				  published in newspapers of general circulation in the affected planning and
				  service area.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 30 - DESIGNATION AND REDESIGNATION OF AREA AGENCIES ON AGING › REDESIGNATION OF AREA AGENCIES › Section 30.24 - Interim emergency redesignation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Whenever circumstances in a designated
				  planning and service area render the designated Area Agency on Aging
				  immediately incapable of complying with the assurances specified in §
										30.12(2) (relating
				  to organization/agency eligibility), the Department will-all other provisions
				  of this chapter notwithstanding and in order to guarantee the uninterrupted
				  provision of services-take all appropriate action, including but not limited to
				  acting immediately to redesignate an organization or agency as the Area Agency
				  on Aging on an
interim
emergency basis. Such redesignation
				  shall remain in effect as long as necessary, but in no case longer than 180
				  days.
(b) Within the 180-day period
				  specified in subsection (a), the Department will make a final decision
				  regarding redesignation in the affected planning and service area. In so doing,
				  the Department will follow the procedures specified in §§
										30.22 and
				  30.23 (relating to preliminary
				  departmental action and procedure for redesignation); except that it will not
				  be required to act within the time limits specified in these
				  sections.
The following document is being codified under 1 Pa. Code
						§
												3.1(9) (relating
						to contents of Pennsylvania Code) as a document which the Legislative Reference
						Bureau finds to be general and permanent in nature.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 35 - AREA AGENCY ON AGING ADVISORY COUNCILS › GENERAL PROVISIONS › Section 35.1 - Purpose and authority

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  purpose of this chapter is to set forth the responsibilities and composition of
				  Area Agency Advisory Councils. In addition, this chapter sets forth the
				  corresponding responsibilities of Area Agencies and of the
				  Department.
(b) This chapter is
				  issued pursuant to the authority contained in § 2208-A of the act
				  (71
				  P. S. §
											581-8), and in conformity with
				  the Older Americans Act of 1965 and Federal regulations issued pursuant to the
				  Federal Act.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 35 - AREA AGENCY ON AGING ADVISORY COUNCILS › GENERAL PROVISIONS › Section 35.2 - Effective date, exemption of present Advisory Council members, and request for waiver

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  provisions of this chapter shall be effective on January 1, 1982.
(b) All persons serving terms on Advisory
				  Councils as of January 1, 1982, shall be exempt from the provisions of this
				  chapter until their terms expire.
(c) In the event an Area Agency finds that
				  compliance with one or more of the provisions of this chapter will not be
				  feasible or would be counterproductive, it shall apply in writing to the
				  Director of the Bureau requesting a waiver, along with the reasons therefor.
				  The Director of the Bureau shall forward a recommendation on the waiver
				  request, based upon the reasons given by the Area Agency and any other
				  information in its possession, to the Secretary. The Secretary will promptly
				  render a decision as to the granting of a waiver. This decision will be
				  transmitted in writing to the Advisory Council chairpersons, to the appointing
				  authority, and to the Area Agency Director. The decision will state the reasons
				  therefor and it will be considered final.
This section cited in 6 Pa. Code §
												35.41 (relating to responsibilities
						of the Department).
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 35 - AREA AGENCY ON AGING ADVISORY COUNCILS › GENERAL PROVISIONS › Section 35.3 - 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:
Act
-The act of June 20, 1978 (P. L. 477,
					 No. 70) (71 P. S. §§
											61,
					 63,
					 66,
					 67.1(d)(1), 158(1), first
					 paragraph, 581-1-581-12 and 611.8).
Advisory Council
-The Area Agency Advisory
					 Board required by both section 2208-A of The Administrative Code of 1929
					 (71
					 P. S. §
											581-8) and by the Older
					 Americans Act of 1965 42
					 U.S.C.A. §
											3026(a)(6)(G), and Federal
					 regulations issued pursuant thereto at
					 45 CFR
					 1321.97 (1980).
Appointing authority
-Chief elected
					 officials of the county for public Area Agencies; the board of directors or its
					 equivalent for nonprofit Area Agencies.
Area agency
-The single local agency
					 designated within each PSA to develop and administer the Area Plan.
Area plan
-The plan submitted to the
					 Department by an Area Agency describing the methods by which it will ensure a
					 coordinated and comprehensive system of social and other services and
					 activities for older persons in the planning and service area.
Bureau
-The Bureau of Program and Field
					 Operations.
Department
-The Pennsylvania Department of
					 Aging.
Greatest economic need
-The need resulting
					 from an income level at or below the poverty threshold established by the
					 United States Bureau of the Census.
Greatest social need
-The need caused by
					 noneconomic factors which include physical and mental disabilities; language
					 barriers; and cultural or social isolation including that caused by racial or
					 ethnic status-for example: Black, Hispanic, American, Indian, and Asian
					 American-which restrict an individual's ability to perform normal daily tasks
					 or which threaten his capacity to live independently.
Local elected officials
-All officials
					 holding elective public office within a PSA except those public officials who
					 are also appointing authorities.
Older persons
-Those persons residing
					 within this Commonwealth who are 60 years of age or older.
PSA or Planning and Service Area
-The
					 geographic unit within this Commonwealth, as authorized by the Federal Older
					 Americans Act of 1965, that is designated for purposes of planning,
					 development, delivery, and overall administration of services under an area
					 plan.
Secretary
-The Secretary of Aging of the
					 Commonwealth.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 35 - AREA AGENCY ON AGING ADVISORY COUNCILS › COMPOSITION OF THE ADVISORY COUNCIL › Section 35.11 - Advisory Council composition

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  Advisory Council shall consist of a minimum of 15 voting members.
(b) In order to assure that the Advisory
				  Council constitutes a maximally representative citizen body, the Advisory
				  Council shall be composed of the following:
(1) More than 50% older persons and include:
(i) older persons with greatest economic or
				  social need; and
(ii) Area Agency
				  service recipients.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 35 - AREA AGENCY ON AGING ADVISORY COUNCILS › COMPOSITION OF THE ADVISORY COUNCIL › Section 35.12 - Filling vacancies on Advisory Councils

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Advisory Council members shall play an
				  active, coordinating role in the recruitment and selection of new members to
				  serve on the Advisory Council. Whenever a vacancy in the Advisory Council
				  occurs, the Advisory Council shall solicit capable representatives of the
				  population of older persons within the PSA, in accordance with the composition
				  requirements in §
										35.11(b)-(f) 
				  (relating to advisory council composition), by utilizing procedures which they
				  find to be adequate, appropriate, and feasible. Such procedures may, for
				  example, include the placing of an announcement of the vacancy to be filled in
				  newspapers or in other appropriate media outlets.
(b) The Advisory Council's procedure for
				  filling vacancies shall:
(1) be adequately
				  documented; documentation may include, for example, copies of letters to
				  prospective nominees or copies of announcements placed in newspapers or in
				  other appropriate media outlets;
(2) be specified in the Advisory Council's
				  bylaws, as stated in §
											35.21(a)(3)
				  (relating to advisory council organization responsibilities);
(3) result in the nomination of a person to
				  serve on the Advisory Council; and
(4) be presented to the appointing authority,
				  who reserves the right to accept or reject any nomination so
				  presented.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 35 - AREA AGENCY ON AGING ADVISORY COUNCILS › RESPONSIBILITIES OF THE ADVISORY COUNCIL › Section 35.21 - Advisory Council organization responsibilities

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Advisory Council shall assist the
				  Area Agency to develop and make public bylaws specifying the following:
(1) The role and function of the Advisory
				  Council.
(2) The number of
				  members.
(3) Procedures for
				  selection of members.
(4) Term of
				  membership.
(5) Frequency of
				  meetings.
(6) Provisions explicitly
				  designed to avoid the possibility of conflicts-of-interest, by including at
				  least the following language: "An Advisory Council member must absent
				  himself/herself from all deliberations concerning programs or funding for
				  projects with which his/her organization is directly involved. Any voting
				  member of the Advisory Council who is directly involved with the development
				  and/or implementation of a proposal or contract to be funded by the area agency
				  will declare a potential conflict of interest at each Advisory Council meeting
				  on the subject. This declaration will be stated and recorded as part of the
				  minutes and will include refraining from any discussion, comments, or voting on
				  matters pertaining to the program or contract."
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 35 - AREA AGENCY ON AGING ADVISORY COUNCILS › RESPONSIBILITIES OF THE ADVISORY COUNCIL › Section 35.22 - Advisory Council responsibility to provide informed and regular counsel

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In order to
				  fulfill its responsibility to provide the Area Agency with informed and regular
				  counsel, the Advisory Council will:
(1) Meet
				  at least quarterly.
(2) Conduct all
				  meetings in conformity with the act of July 19, 1974 (P. L. 486, No. 175)
				  (65
				  P. S. §§
												261-269).
(3) Review documents or summaries thereof
				  pertaining to the substance and scope of the area plan and area plan contract,
				  in sufficient detail to enable it to carry out its responsibilities.
(4) Participate in such training and
				  technical assistance as will enable it to carry out its
				  responsibilities.
(5) Utilize
				  appropriate Area Agency staff and assistance in order to carry out its
				  responsibilities.
(6) Review, at
				  least quarterly, documents or summaries thereof detailing the progress achieved
				  to date by the Area Agency toward the accomplishment of the objectives set
				  forth in the area plan. Such documents may include, for example, the Financial
				  Expenditure Report, the Quarterly Progress Report, Annual Self-Evaluation
				  Report, and Monitoring Reports.
(7)
				  Advise the appointing authority concerning selection of a new Area Agency
				  Director whenever there is an actual or impending vacancy.
(8) In cooperation with the Area Agency,
				  plan, publicize, and hold public hearings on the area plan.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 35 - AREA AGENCY ON AGING ADVISORY COUNCILS › RESPONSIBILITIES OF THE ADVISORY COUNCIL › Section 35.23 - Advisory Council responsiblity to advise the Area Agency to develop and administer the area plan

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In order to
				  fulfill its responsibility to advise the Area Agency in the development and
				  administration of the area plan, the Advisory Council will:
(1) confer with the Area Agency Director
				  regarding the area plan and contract and any revision to the area plan or
				  contract prior to their submission by the Director to the appointing authority
				  and to the Department; and
(2)
				  certify that it has participated in the development of the area plan, that it
				  has reviewed the area plan as submitted to the Department, and that it
				  recommends either approval or disapproval, by signature of the Chief Officer of
				  the Advisory Council on the area plan application form submitted to the
				  Department.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 35 - AREA AGENCY ON AGING ADVISORY COUNCILS › RESPONSIBILITIES OF THE ADVISORY COUNCIL › Section 35.24 - Advisory Council responsibility to act as advocate for older persons

Current through Register Vol. 54, No. 28, July 13, 2024
In order to fulfill its responsibility to act as advocate
					 for all older persons in the PSA, the Advisory Council shall do the
					 following:
(1) Ensure that the public
				  is informed, whether by the Area Agency staff or by the Advisory Council,
				  concerning the needs of the PSA's elderly.
(2) Ensure that the Department's appeal
				  procedures for applicants for services funded under the Federal Older Americans
				  Act, as set forth in Chapter 3 (relating to hearing and appeals procedure)
				  proposed at 10 Pa.B. 3922 (October 4, 1980), are available and, when necessary,
				  utilized within the PSA.
(3) Advise
				  the Area Agency regarding its mandated responsibilities to review and comment
				  on all community policies, programs, and actions affecting older
				  persons.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 35 - AREA AGENCY ON AGING ADVISORY COUNCILS › RESPONSIBILITIES OF THE AREA AGENCY › Section 35.31 - Responsibilities of the Area Agency

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  In order to assist the Advisory Council to fulfill its responsibilities, the
				  Area Agency shall do the following:
(1)
				  Establish an Area Agency Advisory Council in conformity with regulations issued
				  by the Administration on Aging and with the provisions of this
				  chapter.
(2) Afford the Advisory
				  Council ready access to all documents or summaries thereof pertaining to the
				  substance and scope of the area plan and contract.
(3) Facilitate the provision of appropriate
				  training and technical assistance-whether provided by the Area Agency, the
				  Department, or by others-to Advisory Council members.
(4) Provide the Advisory Council with staff
				  support and assistance.
(5) Provide
				  the Advisory Council, at least quarterly, with documents or summaries thereof
				  detailing the progress achieved to date by the Area Agency toward the
				  accomplishment of the objectives set forth in the Area Plan, in sufficient
				  detail to enable the Advisory Council to carry out its responsibilities.
				  Examples of documents or summaries thereof which may be provided are referenced
				  in §
											35.22(a)(6)
				  (relating to advisory council responsibility to provide informed and regular
				  counsel).
(6) In cooperation with
				  the Advisory Council, develop and make public Advisory Council bylaws in
				  accordance with the provisions of §
											35.21(a) and (b)
				  (relating to advisory council organization
				  responsibilities).
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 35 - AREA AGENCY ON AGING ADVISORY COUNCILS › RESPONSIBILITIES OF THE DEPARTMENT › Section 35.41 - Responsibilities of the Department

Current through Register Vol. 54, No. 28, July 13, 2024
In order to assist Advisory Councils to carry out their
					 mandated responsibilities, the Department will:
(1) Make every effort, consistent with the
				  amount of available funding, to provide Advisory Council members with
				  appropriate training and technical assistance.
(2) Render decisions as to the granting of
				  waivers to one or more of the provisions of this chapter, following the
				  procedures specified in §
										35.2(c) (relating
				  to effective date, exemption of present advisory council members, and request
				  for waiver), as promptly as possible.
Pennsylvania Code › Title 7 - AGRICULTURE › Part I - Bureau of Animal Health and Diagnostic Services › Chapter 1 - MEAT HYGIENE › Subchapter A - GENERAL PROVISIONS › DEFINITIONS; APPLICATION; SCOPE › Section 1.1 - 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:
Act
-The Pennsylvania Meat and Poultry
						Hygiene Act of 1968 (31 P. S. §
												§
												483.1-483.24).
Adulterated
-Any carcass, part thereof,
						meat or meat food product which is in one or more of the following
						conditions:
(i) Bears or contains any
					 poisonous or deleterious substance which may render it injurious to health. If
					 the substance is not an added substance, how-ever, the article shall not be
					 considered adulterated under this subparagraph if the quantity of such
					 substance in or on the article does not ordinarily render it injurious to
					 health.
(ii) Bears or contains (by
					 reason of administration of any substance to the live animal or otherwise) any
					 added poisonous or added deleterious substance other than one which is a
					 pesticide chemical in or on a raw agricultural commodity, a food additive or a
					 color additive, which may, in the judgment of the Department, make such article
					 unfit for human food.
(iii) If the
					 article is, in whole or in part a raw agricultural commodity, and it bears or
					 contains a pesticide chemical which is unsafe within the meaning of the Federal
					 Food, Drug and Cosmetic Act (
					 21 U.S.C.A. §
												346(a) ).
(iv) Bears or contains:
(A) any food additive which is unsafe within
					 the meaning of the Federal Food, Drug and Cosmetic Act (
					 21 U.S.C.A. §
													348) ;
(B) any color additive which is unsafe within
					 the meaning of the Federal Food, Drug and Cosmetic Act (
					 21 U.S.C.A. §
													376 ); or
(C) any pesticide chemical, food additive or
					 color additive prohibited for use in official establishments by this
					 chapter.
Pennsylvania Code › Title 7 - AGRICULTURE › Part I - Bureau of Animal Health and Diagnostic Services › Chapter 1 - MEAT HYGIENE › Subchapter A - GENERAL PROVISIONS › DEFINITIONS; APPLICATION; SCOPE › Section 1.3 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
All livestock and all products entering any official
						establishment and all products prepared, in whole or in part, therein, shall be
						inspected, handled, stored, prepared, packaged, marked and labeled as required
						in this chapter.