Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart E - Residential Agencies/Facilities/Services › Chapter 2600 - PERSONAL CARE HOMES › SERVICES › Section 2600.228 - Notification of termination

Current through Register Vol. 54, No. 28, July 13, 2024
(a) At
					 the resident's request, the home shall provide assistance in relocating to the
					 resident's own home or to another residence that meets the needs of the
					 resident.
(b) If the home initiates
					 a discharge or transfer of a resident, or if the legal entity chooses to close
					 the home, the home shall provide a 30-day advance written notice to the
					 resident, the resident's designated person and the referral agent citing the
					 reasons for the discharge or transfer. This shall be stipulated in the
					 resident-home contract. A 30-day advance written notice is not required if a
					 delay in discharge or transfer would jeopardize the health, safety or
					 well-being of the resident or others in the home, as certified by a physician
					 or the Department. This may occur when the resident needs psychiatric or
					 long-term care or is abused in the home, or the Department initiates closure of
					 the home.
(c) A home shall give the
					 Department written notice of its intent to close the home, at least 60 days
					 prior to the anticipated date of closing.
(d) A home may not require a resident to
					 leave the home prior to 30 days following the resident's receipt of a written
					 notice from the home regarding the intended closure of the home, except when
					 the Department determines that removal of the resident at an earlier time is
					 necessary for the protection of the health, safety and well-being of the
					 resident.
(e) The date and reason
					 for the discharge or transfer, and the destination of the resident, if known,
					 shall be recorded in the resident record.
(f) If the legal entity chooses to
					 voluntarily close the home or if the Department has initiated legal action to
					 close the home, the Department working in conjunction with appropriate local
					 authorities, will offer relocation assistance to the residents. Except in the
					 case of an emergency, each resident may participate in planning the transfer,
					 and shall have the right to choose among the available alternatives after an
					 opportunity to visit the alternative homes. These procedures shall apply even
					 if the resident is placed in a temporary living situation.
(g) Within 30 days of the home's closure, the
					 legal entity shall return the license to the Department's personal care home
					 regional office.
(h) The only
					 grounds for discharge or transfer of a resident from a home are for the
					 following conditions:
(1) If a resident is a
					 danger to himself or others.
(2) If
					 the legal entity chooses to voluntarily close the home, or a portion of the
					 home.
(3) If a home determines that
					 a resident's functional level has advanced or declined so that the resident's
					 needs cannot be met in the home. If a resident or the resident's designated
					 person disagrees with the home's decision to discharge or transfer,
					 consultation with an appropriate assessment agency or the resident's physician
					 shall be made to determine if the resident needs a higher level of care. A plan
					 for other placement shall be made as soon as possible by the administrator in
					 conjunction with the resident and the resident's designated person, if any. If
					 assistance with relocation is needed, the administrator shall contact
					 appropriate local agencies, such as the area agency on aging, county mental
					 health/intellectual disability program or drug and alcohol program, for
					 assistance. The administrator shall also contact the Department's personal care
					 home regional office.
(4) If
					 meeting the resident's needs would require a fundamental alteration in the
					 home's program or building site, or would create an undue financial or
					 programmatic burden on the home.
(5) If the resident has failed to pay after
					 reasonable documented efforts by the home to obtain payment.
(6) If closure of the home is initiated by
					 the Department.
(7) Documented,
					 repeated violation of the home rules.