reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 11 - OLDER ADULT DAILY LIVING CENTERS › Subchapter A - LICENSURE AND OPERATION REQUIREMENTS › CLIENT RECORDS › Section 11.194 - Record location

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Record
					 information required in §
											11.193(1), (6) and
					 (7) (relating to content of records) shall be
					 kept at the center.
(b) The most
					 current copies of record information required in §
											11.193(3) and (5)
					 shall be kept at the center.
(c)
					 Record information required in §
											11.193(3) and (5)
					 that is not current may be kept at the center or at the center's administrative
					 office.
(d) Record information
					 required in §
											11.193(2), and (4)
					 may be kept at the center or at the center's administrative office.
This section cited in 6 Pa. Code §
													11.13 (relating to administration
						  and organization); and 6 Pa. Code §
													11.212 (relating to
						  applicability).
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 11 - OLDER ADULT DAILY LIVING CENTERS › Subchapter A - LICENSURE AND OPERATION REQUIREMENTS › CLIENT RECORDS › Section 11.195 - Record retention

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Information in an enrolled client's record which is periodically updated or is
					 of a nonpermanent nature shall be kept for at least 4 years or until audits or
					 litigation is resolved. Thereafter, these record items may be purged.
(b) Client records shall be kept for at least
					 4 years following a client's departure or until audits or litigation is
					 resolved.
(c) If the client
					 transfers from the center to another facility, a summary of the client's
					 records, including information on medications, diet, activities and most
					 current vital signs, shall be transferred with the client.
This section cited in 6 Pa. Code §
													11.13 (relating to administration
						  and organization); 6 Pa. Code §
													11.113 (relating to record of
						  discharge); and 6 Pa. Code §
													11.212 (relating to
						  applicability).
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 11 - OLDER ADULT DAILY LIVING CENTERS › Subchapter A - LICENSURE AND OPERATION REQUIREMENTS › CLIENT RECORDS › Section 11.196 - Record policy

Current through Register Vol. 54, No. 28, July 13, 2024
There shall be a written policy governing
						confidentiality, access to, duplication of and dissemination of information
						from the records.
This section cited in 6 Pa. Code §
													11.13 (relating to administration
						  and organization); and 6 Pa. Code §
													11.212 (relating to
						  applicability).
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 11 - OLDER ADULT DAILY LIVING CENTERS › Subchapter A - LICENSURE AND OPERATION REQUIREMENTS › CLIENT RECORDS › Section 11.197 - Access

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Client records
					 shall be kept locked when unattended.
(b) The client or responsible party, or both,
					 shall, except as set forth in subsection (c), have access to the client's own
					 records and to information in the records.
(c) When in the opinion of the center
					 administrator, providing access to the client, the responsible party or other
					 parties would be potentially harmful to the health, safety or welfare of the
					 client, centers may deny access. Centers shall address these situations in
					 accordance with §
											11.16 (relating to reporting of
					 unusual incidents).
(d) A
					 representative of the Long-Term Care Ombudsman Program shall be allowed
					 immediate access to client records.
This section cited in 6 Pa. Code §
													11.13 (relating to administration
						  and organization); and 6 Pa. Code §
													11.212 (relating to
						  applicability).
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 11 - OLDER ADULT DAILY LIVING CENTERS › Subchapter A - LICENSURE AND OPERATION REQUIREMENTS › CLIENT RECORDS › Section 11.198 - Release of information

Current through Register Vol. 54, No. 28, July 13, 2024
Written consent of the client or responsible party, or
						both, is required for the release of information, including photographs, to
						persons not otherwise authorized by law to receive it.
This section cited in 6 Pa. Code §
													11.9 (relating to client rights); 6
						  Pa. Code §
													11.13 (relating to administration
						  and organization); and 6 Pa. Code §
													11.212 (relating to
						  applicability).
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 11.211 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
The purpose of this section and §§ 11.212,
						11.213, 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 is to specify:
(1) The procedures for the application for a
					 license.
(2) The frequency and
					 content of Departmental inspections.
(3) The procedures for the preparation and
					 issuance of a license.
(4) The
					 conditions under which license may be denied, not renewed or revoked.
(5) The Departmental licensure decisions that
					 may be appealed.
This section cited in 6 Pa. Code §
													11.212 (relating to applicability);
						  and 6 Pa. Code §
													11.213 (relating to additional
						  definitions).
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 11.212 - Applicability

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This section
					 and §§
											11.211,
					 11.213,
					 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 apply to a center subject to
					 licensure in accordance with the act.
(b) This section and §§
											11.211,
					 11.213,
					 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 do not apply to facilities
					 subject to licensure or approval under Articles IX and X of the Public Welfare
					 Code (62 P. S. §§
												901-922
					 and 1001-1080).
(c) This section and §§ 11.211,
					 11.213, 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 apply in addition to minimum
					 program standards in §§ 11.1-11.9,
					 11.11 -11.23, 11.31-11.39,
					 11.51-11.72, 11.81-11.91, 11.101-11.113, 11.121-11.124, 11.131-11.134,
					 11.141-11.147, 11.151, 11.152, 11.161-11.165, 11.171-11.174 and
					 11.191-11.198.
This section cited in 6 Pa. Code §
													11.211 (relating to purpose); and 6
						  Pa. Code §
													11.213 (relating to additional
						  definitions).
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 11 - OLDER ADULT DAILY LIVING CENTERS › Subchapter A - LICENSURE AND OPERATION REQUIREMENTS › LEGAL ENTITY › Section 11.221 - Responsibility

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to complying with the procedural regulations
						in this subchapter, the legal entity shall comply with the Department's program
						licensure regulations for a center which the legal entity
						operates.
This section cited in 6 Pa. Code §
													11.211 (relating to purpose); 6 Pa.
						  Code §
													11.212 (relating to applicability);
						  and 6 Pa. Code §
													11.213 (relating to additional
						  definitions).
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 11 - OLDER ADULT DAILY LIVING CENTERS › Subchapter A - LICENSURE AND OPERATION REQUIREMENTS › LEGAL ENTITY › Section 11.222 - Corporations and partnerships

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If
					 the legal entity is a corporation, it shall submit a copy of the articles of
					 incorporation to the Department at the time of initial application for a
					 license.
(b) If the legal entity is
					 a partnership, a copy of the agreement setting forth this arrangement shall be
					 submitted to the Department at the time of initial application for a
					 license.
This section cited in 6 Pa. Code §
													11.211 (relating to purpose); 6 Pa.
						  Code §
													11.212 (relating to applicability);
						  and 6 Pa. Code §
													11.213 (relating to additional
						  definitions).
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 11 - OLDER ADULT DAILY LIVING CENTERS › Subchapter A - LICENSURE AND OPERATION REQUIREMENTS › LEGAL ENTITY › Section 11.223 - Responsible person

Current through Register Vol. 54, No. 28, July 13, 2024
The legal entity shall specify in writing at the time of
						application and reapplication the name of the person who is responsible for the
						daily administration and operation of the older adult daily living
						center.
This section cited in 6 Pa. Code §
													11.211 (relating to purpose); 6 Pa.
						  Code §
													11.212 (relating to applicability);
						  and 6 Pa. Code §
													11.213 (relating to additional
						  definitions).
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 11 - OLDER ADULT DAILY LIVING CENTERS › Subchapter A - LICENSURE AND OPERATION REQUIREMENTS › APPLICATION › Section 11.231 - Application form

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The legal
					 entity responsible for a center subject to licensure under the act shall submit
					 an application for a license prior to the inspection and issuance of a license
					 by the Department.
(b) The
					 application for a license shall be completed and submitted on the form
					 prescribed and provided by the Department.
(c) The legal entity shall complete and
					 submit a separate application for a license for each center subject to
					 licensure.
(d) The legal entity
					 shall report on the application for a license fictitious names which are
					 required by statute to register with the Department of State under
					 54 Pa.C.S. §§
												301-332 (relating to fictitious
					 names).
This section cited in 6 Pa. Code §
													11.11 (relating to application); 6
						  Pa. Code §
													11.211 (relating to purpose); 6 Pa.
						  Code §
													11.212 (relating to applicability);
						  6 Pa. Code §
													11.213 (relating to additional
						  definitions); and 6 Pa. Code §
													11.269 (relating to change in
						  ownership, name or structure).
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 11 - OLDER ADULT DAILY LIVING CENTERS › Subchapter A - LICENSURE AND OPERATION REQUIREMENTS › APPLICATION › Section 11.232 - Reapplication

Current through Register Vol. 54, No. 28, July 13, 2024
If the legal entity intends to continue operating a
						center, it shall reapply for a license by completing and submitting to the
						Department a reapplication form on the form prescribed and provided by the
						Department at least 60 days prior to the expiration of the center's existing
						regular, interim or provisional license.
This section cited in 6 Pa. Code §
													11.11 (relating to application); 6
						  Pa. Code §
													11.211 (relating to purpose); 6 Pa.
						  Code §
													11.212 (relating to applicability);
						  and 6 Pa. Code §
													11.213 (relating to additional
						  definitions).
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 11 - OLDER ADULT DAILY LIVING CENTERS › Subchapter A - LICENSURE AND OPERATION REQUIREMENTS › INSPECTION › Section 11.241 - Annual inspection

Current through Register Vol. 54, No. 28, July 13, 2024
An authorized agent of the Department will conduct an
						onsite inspection of a center at least once every 12 months.
This section cited in 6 Pa. Code §
													11.211 (relating to purpose); 6 Pa.
						  Code §
													11.212 (relating to applicability);
						  and 6 Pa. Code §
													11.213 (relating to additional
						  definitions).
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 11 - OLDER ADULT DAILY LIVING CENTERS › Subchapter A - LICENSURE AND OPERATION REQUIREMENTS › INSPECTION › Section 11.242 - Announced inspections

Current through Register Vol. 54, No. 28, July 13, 2024
The center will be advised in advance of the date of the
						annual inspection. The annual inspection will be an announced inspection and
						will occur during normal business hours.
This section cited in 6 Pa. Code §
													11.211 (relating to purpose); 6 Pa.
						  Code §
													11.212 (relating to applicability);
						  and 6 Pa. Code §
													11.213 (relating to additional
						  definitions).
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 11 - OLDER ADULT DAILY LIVING CENTERS › Subchapter A - LICENSURE AND OPERATION REQUIREMENTS › INSPECTION › Section 11.243 - Other inspections

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 center is subject to announced and unannounced onsite inspections.
(b) Unannounced inspections not based on a
					 complaint will occur during normal business hours.
(c) Unannounced inspections based on a
					 complaint may, as determined by the Department in accordance with the nature of
					 the complaint, occur at any time.
This section cited in 6 Pa. Code §
													11.211 (relating to purpose); 6 Pa.
						  Code §
													11.212 (relating to applicability);
						  and 6 Pa. Code §
													11.213 (relating to additional
						  definitions).
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 11 - OLDER ADULT DAILY LIVING CENTERS › Subchapter A - LICENSURE AND OPERATION REQUIREMENTS › INSPECTION › Section 11.244 - Access

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The center
					 shall provide to authorized agents of the Department full access to the center
					 and its records during announced and unannounced inspections.
(b) The Department will exercise its right to
					 enter, visit and inspect for the following purposes:
(1) To determine the suitability of the
					 applicants.
(2) To determine the
					 suitability of the premises.
(3) To
					 determine whether or not any premises in fact qualifies as a center.
(4) To determine the continuing conformity of
					 licensees to the act and to this subchapter.
(5) To determine whether or not other
					 violations of the law or this subchapter under which the center is governed
					 exist.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 11 - OLDER ADULT DAILY LIVING CENTERS › Subchapter A - LICENSURE AND OPERATION REQUIREMENTS › INSPECTION › Section 11.245 - Search warrants

Current through Register Vol. 54, No. 28, July 13, 2024
Upon a showing of reasonable cause to suspect that a
						specified center is being used in violation of the act or this subchapter, any
						district justice in the district wherein the center is located shall issue an
						administrative search warrant to any authorized agent of the Department,
						identifying the center to be searched, the scope of the search and the hours
						during which the search may be conducted.
This section cited in 6 Pa. Code §
													11.211 (relating to purpose); 6 Pa.
						  Code §
													11.212 (relating to applicability);
						  and 6 Pa. Code §
													11.213 (relating to additional
						  definitions).
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 11 - OLDER ADULT DAILY LIVING CENTERS › Subchapter A - LICENSURE AND OPERATION REQUIREMENTS › FEES › Section 11.251 - Payment of fees

Current through Register Vol. 54, No. 28, July 13, 2024
The legal entity shall pay the applicable fee prior to
						the issuance or reissuance of a license.
This section cited in 6 Pa. Code §
													11.211 (relating to purpose); 6 Pa.
						  Code §
													11.212 (relating to applicability);
						  and 6 Pa. Code §
													11.213 (relating to additional
						  definitions).
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 11 - OLDER ADULT DAILY LIVING CENTERS › Subchapter A - LICENSURE AND OPERATION REQUIREMENTS › FEES › Section 11.252 - Amount of fees

Current through Register Vol. 54, No. 28, July 13, 2024
Issuance or reissuance of a license to a center is
						contingent upon receipt by the Department of an annual application or
						reapplication fee based on the maximum licensed capacity of the center, as
						follows:
(1) Four to 10
					 clients-$10.
(2) Eleven to 20
					 clients-$20.
(3) Twenty-one to 35
					 clients-$30.
(4) Thirty-six clients
					 and over-$40.
This section cited in 6 Pa. Code §
													11.211 (relating to purpose); 6 Pa.
						  Code §
													11.212 (relating to applicability);
						  and 6 Pa. Code §
													11.213 (relating to additional
						  definitions).
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 11 - OLDER ADULT DAILY LIVING CENTERS › Subchapter A - LICENSURE AND OPERATION REQUIREMENTS › LICENSURE › Section 11.261 - Issuance

Current through Register Vol. 54, No. 28, July 13, 2024
A license will be issued to the legal entity by the
						Department if, after an inspection by an authorized agent of the Department, it
						is determined that requirements for a license are met.
This section cited in 6 Pa. Code §
													11.211 (relating to purpose); 6 Pa.
						  Code §
													11.212 (relating to applicability);
						  and 6 Pa. Code §
													11.213 (relating to additional
						  definitions).
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 11 - OLDER ADULT DAILY LIVING CENTERS › Subchapter A - LICENSURE AND OPERATION REQUIREMENTS › LICENSURE › Section 11.262 - Plan of correction

Current through Register Vol. 54, No. 28, July 13, 2024
If, during an inspection, authorized agents of the
						Department observe items of noncompliance with licensure regulations, the legal
						entity shall submit an acceptable written plan to correct each noncompliance
						item and establish a period of time acceptable to the Department to correct
						these items.
This section cited in 6 Pa. Code §
													11.211 (relating to purpose); 6 Pa.
						  Code §
													11.212 (relating to applicability);
						  and 6 Pa. Code §
													11.213 (relating to additional
						  definitions).
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 11 - OLDER ADULT DAILY LIVING CENTERS › Subchapter A - LICENSURE AND OPERATION REQUIREMENTS › LICENSURE › Section 11.263 - Regular license

Current through Register Vol. 54, No. 28, July 13, 2024
A regular license is issued if the center is in
						compliance with applicable statutes, ordinances and
						regulations.
This section cited in 6 Pa. Code §
													11.211 (relating to purpose); 6 Pa.
						  Code §
													11.212 (relating to applicability);
						  and 6 Pa. Code §
													11.213 (relating to additional
						  definitions).
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 11 - OLDER ADULT DAILY LIVING CENTERS › Subchapter A - LICENSURE AND OPERATION REQUIREMENTS › LICENSURE › Section 11.264 - Provisional license

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
					 provisional license is issued if the center is in substantial, but not
					 complete, compliance with applicable statutes, ordinances and
					 regulations.
(b) An initial
					 provisional license is issued for a specified length of time, not to exceed 6
					 months.
(c) A maximum of three
					 consecutive provisional licenses may be issued to the legal entity for a
					 specific center. The total, cumulative time allowed for all three consecutive
					 provisional licenses will not exceed 18 months.
This section cited in 6 Pa. Code §
													11.211 (relating to purpose); 6 Pa.
						  Code §
													11.212 (relating to applicability);
						  and 6 Pa. Code §
													11.213 (relating to additional
						  definitions).
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 11 - OLDER ADULT DAILY LIVING CENTERS › Subchapter A - LICENSURE AND OPERATION REQUIREMENTS › LICENSURE › Section 11.265 - Interim license

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An interim
					 license is issued to an applicant seeking to operate a center for the first
					 time at a specified location, if the applicant is suitable, the premises are
					 safe and the applicant is likely to comply substantially with applicable
					 statutes, ordinances and regulations prior to expiration of the interim
					 license.
(b) An interim license is
					 issued for a specified length of time, not to exceed 6 months.
(c) An interim license is not
					 renewable.
(d) At the expiration of
					 an interim license for a specific center, the Department may issue to the legal
					 entity a maximum of one provisional license issued for a specified length of
					 time, not to exceed 6 months.
This section cited in 6 Pa. Code §
													11.211 (relating to purpose); 6 Pa.
						  Code §
													11.212 (relating to applicability);
						  and 6 Pa. Code §
													11.213 (relating to additional
						  definitions).
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 11 - OLDER ADULT DAILY LIVING CENTERS › Subchapter A - LICENSURE AND OPERATION REQUIREMENTS › LICENSURE › Section 11.266 - Preparation of license

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The license
					 is issued to the legal entity.
(b)
					 The license lists the name of the legal entity, the name and address of the
					 center, type of services provided, maximum capacity, title and subchapter of
					 applicable license regulations, the date the regulations were adopted, license
					 number, effective and expiration dates of the license and restrictions, if
					 applicable.
(c) A provisional
					 license also contains the word "provisional" and indicates whether it is the
					 first or second provisional license issued.
(d) An interim license also contains the word
					 "interim."
This section cited in 6 Pa. Code §
													11.211 (relating to purpose); 6 Pa.
						  Code §
													11.212 (relating to applicability);
						  and 6 Pa. Code §
													11.213 (relating to additional
						  definitions).
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 11 - OLDER ADULT DAILY LIVING CENTERS › Subchapter A - LICENSURE AND OPERATION REQUIREMENTS › LICENSURE › Section 11.267 - Posting of the license

Current through Register Vol. 54, No. 28, July 13, 2024
The facility shall post the current license in a public
						place in the center.
This section cited in 6 Pa. Code §
													11.211 (relating to purpose); 6 Pa.
						  Code §
													11.212 (relating to applicability);
						  and 6 Pa. Code §
													11.213 (relating to additional
						  definitions).
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 11 - OLDER ADULT DAILY LIVING CENTERS › Subchapter A - LICENSURE AND OPERATION REQUIREMENTS › LICENSURE › Section 11.268 - Restrictions of the license

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
					 license is not transferable.
(b) A
					 license is void if one of the following conditions exist:
(1) There is a change in the ownership of the
					 legal entity, name or structure of the center, as set forth in §
												11.269 (relating to change in
					 ownership, name or structure).
(2)
					 There is a change in the location of the center.
(3) There is a change in the profit or
					 nonprofit status of the center.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 11 - OLDER ADULT DAILY LIVING CENTERS › Subchapter A - LICENSURE AND OPERATION REQUIREMENTS › LICENSURE › Section 11.269 - Change in ownership, name or structure

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department shall be notified in
					 advance of a potential change in ownership, licensee or name of the center.
					 Change of ownership includes a sale of a center, a change in corporate
					 structure or controlling interest in a center, and the addition of a partner or
					 other corporate reorganization, including stock transfers.
(b) If a license is issued to a partnership
					 and one or more of the partners dies, the executor or administrator of the
					 deceased's estate, together with the surviving partners, may apply for a
					 license. A complete list of names and addresses of the administrator and
					 partners responsible for the management of the center shall be submitted with
					 the application. This paragraph applies only when the death of a partner
					 constitutes 20% or more of the ownership interest.
(c) If a person dies who was the sole owner
					 of a center, the executor or administrator of the estate may apply for, and the
					 Department may grant, a license for the center.
(d) A corporation shall file an exact copy of
					 the articles of incorporation with the Division of Older Adult Daily Living
					 Center licensure.
(e) Copies of a
					 fictitious name approval and a charter approval, if applicable, shall be filed
					 with the Division of Older Adults Daily Living Center licensure, as set forth
					 in §
											11.231 (relating to application
					 form).
This section cited in 6 Pa. Code §
													11.211 (relating to purpose); 6 Pa.
						  Code §
													11.212 (relating to applicability);
						  6 Pa. Code §
													11.213 (relating to additional
						  definitions); and 6 Pa. Code §
													11.268 (relating to restrictions on
						  the license).
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 11 - OLDER ADULT DAILY LIVING CENTERS › Subchapter A - LICENSURE AND OPERATION REQUIREMENTS › LICENSURE › Section 11.270 - Notification of change

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The legal
					 entity shall notify the Department at least 60 days in advance of the intention
					 to change the legal entity, name, location or profit or nonprofit status of the
					 facility.
(b) If the facility is to
					 be operated under a new legal entity, new name, new location or different
					 status, the legal entity shall complete and submit a new application for a
					 license at least 30 days in advance of the change.
(c) If a change occurs which is not included
					 in subsections (a) and (b)-for example, change in responsible person-the legal
					 entity shall notify the Department within 30 days after the change
					 occurs.
This section cited in 6 Pa. Code §
													11.211 (relating to purpose); 6 Pa.
						  Code §
													11.212 (relating to applicability);
						  and 6 Pa. Code §
													11.213 (relating to additional
						  definitions).
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 11 - OLDER ADULT DAILY LIVING CENTERS › Subchapter A - LICENSURE AND OPERATION REQUIREMENTS › NEGATIVE SANCTIONS › Section 11.281 - Conditions for denial, nonrenewal or revocation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) One or more of the following occurrences
					 shall constitute a sufficient basis for the Department to deny, refuse to renew
					 or revoke a license:
(1) Failure of the
					 applicant or the premises to be used as a center, or both, to comply with this
					 subchapter.
(2) Determination by
					 the Department that the applicant is not a responsible person or that the
					 facility is not appropriately equipped.
(3) Noncompliance with the act.
(4) Failure to submit an acceptable plan to
					 correct noncompliance items.
(5)
					 Failure to comply with the acceptable plan to correct noncompliance
					 items.
(6) Mistreatment, abuse,
					 neglect or exploitation of clients being cared for in the center.
(7) Gross incompetence, negligence or
					 misconduct in operating the center.
(8) Fraud or deceit in obtaining or
					 attempting to obtain a license.
(9)
					 Lending, borrowing or using the license of another center or knowingly aiding
					 or abetting the improper granting of a license.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 11 - OLDER ADULT DAILY LIVING CENTERS › Subchapter A - LICENSURE AND OPERATION REQUIREMENTS › NEGATIVE SANCTIONS › Section 11.282 - Violation; penalty

Current through Register Vol. 54, No. 28, July 13, 2024
A person operating a center within this Commonwealth
						without a license required by the act commits a summary offense and shall, upon
						conviction, be sentenced to pay a fine of not less than $50 nor more than $300,
						and costs of prosecution, and in default of the payment thereof to undergo
						imprisonment for not less than 10 days nor more than 30 days. Each day of
						operating a center without a license required by the act shall constitute a
						separate offense.
This section cited in 6 Pa. Code §
													11.211 (relating to purpose); 6 Pa.
						  Code §
													11.212 (relating to applicability);
						  and 6 Pa. Code §
													11.213 (relating to additional
						  definitions).
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 11 - OLDER ADULT DAILY LIVING CENTERS › Subchapter A - LICENSURE AND OPERATION REQUIREMENTS › APPEALS › Section 11.291 - Decisions that may be appealed

Current through Register Vol. 54, No. 28, July 13, 2024
The legal entity has the right to appeal one or more of
						the following:
(1) The denial of a
					 license.
(2) The nonrenewal of a
					 license.
(3) The revocation of a
					 license.
This section cited in 6 Pa. Code §
													11.12 (relating to appeals); 6 Pa.
						  Code §
													11.211 (relating to purpose); 6 Pa.
						  Code §
													11.212 (relating to applicability);
						  6 Pa. Code §
													11.213 (relating to additional
						  definitions); and 6 Pa. Code §
													11.292 (relating to written request
						  for appeal).
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 11 - OLDER ADULT DAILY LIVING CENTERS › Subchapter A - LICENSURE AND OPERATION REQUIREMENTS › APPEALS › Section 11.292 - Written request for appeal

Current through Register Vol. 54, No. 28, July 13, 2024
The legal entity may appeal a Departmental decision
						specified in §
											11.291 (relating to decisions that
						may be appealed) under procedures set forth in §§
											3.6-3.11. The provisions of 1 Pa. Code
						Part II (relating to general rules of administrative practice and procedure)
						which are not superseded by §§
											3.6-3.11 apply to center
						appeals.
This section cited in 6 Pa. Code §
													11.12 (relating to appeals); 6 Pa.
						  Code §
													11.211 (relating to purpose); 6 Pa.
						  Code §
													11.212 (relating to applicability);
						  and 6 Pa. Code §
													11.213 (relating to additional
						  definitions).
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 11 - OLDER ADULT DAILY LIVING CENTERS › Subchapter B - STATEMENT OF POLICY › Section 11.401 - Advisory committees

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Centers
				  should establish advisory committees which meet at least twice a year to assure
				  compliance with §
										11.13 (relating to administration
				  and organization) which provides written policies and procedures which are
				  responsive to the needs of their clients.
(b) Center advisory committees should review
				  program policies and procedures and make recommendations for improvements at
				  least once a year.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 11 - OLDER ADULT DAILY LIVING CENTERS › Subchapter B - STATEMENT OF POLICY › Section 11.402 - Specialized services

Current through Register Vol. 54, No. 28, July 13, 2024
(a) To
				  supplement the core services required in §
										11.123 (relating to core services),
				  centers should consider providing the following specialized services:
(1)
Physical therapy.
(i) Physical therapy services are provided to
				  restore or maintain maximum mobility, with programs for restoration and
				  maintenance of muscle function.
(ii) The services may range from consultation
				  regarding group exercise to one-on-one skilled restorative therapy. Based on a
				  physical therapy assessment, the plan of care and physician's orders, the
				  services include the following:
(A) Assessment
				  of the client's mobility level, strength, range of motion, endurance, balance,
				  gait, ability to transfer, coordination, posture and pain level.
(B) Provision of treatment to relieve pain,
				  and develop, restore or maintain functioning.
(C) Assistance to achieve and maintain
				  maximum performance using physical means such as active or passive exercise,
				  massage, heat, moist heat, ultrasound, hydrotherapy and ice.
(D) Establishment of a maintenance program
				  and provision of written and verbal instructions to the center staff persons
				  and the family/caregiver to assist the client with implementation.
(E) Recommendation of adaptive or assistive
				  devices.
(F) Training other staff
				  persons to lift, move and otherwise assist the client.
(G) Evaluation of the home for environmental
				  barriers and changes needed for greater client independence.
(H) Provision of skilled rehabilitation
				  services when indicated.
(I)
				  Assistance in obtaining assistive ambulatory devices, such as canes, walkers,
				  crutches, wheelchairs, leg braces and prosthetic devices.
(J) Physical therapy procedures including
				  ambulation, gait training, active and passive exercises, orthotics training,
				  prosthesis training, massage and neuromuscular reeducation.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 11 - OLDER ADULT DAILY LIVING CENTERS › Subchapter B - STATEMENT OF POLICY › Section 11.403 - Additional services

Current through Register Vol. 54, No. 28, July 13, 2024
(a) To
				  supplement the core services required in §
										11.123 (relating to core services),
				  centers should consider providing the following additional services:
(1)
Dentistry.
The dentist:
(i) Provides basic dental services, including
				  examination and, as necessary, oral prophylaxis and emergency dental care to
				  relieve pain and infection.
(ii)
				  Develops and implements written dental services and oral hygiene policies and
				  procedures.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 11 - OLDER ADULT DAILY LIVING CENTERS › Subchapter B - STATEMENT OF POLICY › Section 11.404 - Program staff training guidelines

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  To assist centers in complying with §
										11.33 (relating to program staff
				  orientation and training) and to ensure that they provide general orientation,
				  annual and enhancement training designed to ensure basic skills and knowledge,
				  to introduce new skills and knowledge and to enhance professional competencies,
				  centers should consider using the following training topics:
(1)
Program assistant/aide
				  recommended topics.
(i) Special
				  needs due to normal changes in the aging process-sensory changes, hydration,
				  developmental needs, and the like.
(ii) Special needs due to disability and
				  chronic illness-rehabilitation, psychosocial aspects, orientation strategies,
				  remotivation, and the like.
(iii)
				  Facilitating functions of clients with: sensory changes, decreased ability to
				  perform activities of daily living, physical, emotional and cognitive problems,
				  and the like.
(iv) Recreational
				  activities.
(v) Death and dying;
				  the grief process.
(vi)
				  Communication and interpersonal skills-active listening, documentation, stress
				  management for staff, clients, and caregivers, coping skills, and the
				  like.
(vii) The older adult daily
				  living centers (OADLC) working environment-safety issues (protecting clients
				  and staff members), handling emergencies, fire safety, and the like.
(viii) Personal care-dietary needs, body
				  mechanics, medications and substance abuse, and the like.
(ix) The interdisciplinary team approach to
				  OADLC.
(x) Confidentiality and the
				  rights of the older person.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 15 - PROTECTIVE SERVICES FOR OLDER ADULTS › GENERAL PROVISIONS › Section 15.1 - Scope and authority

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This
				  chapter governs the administration and provision of protective services for
				  older adults under the act, the mandatory reporting of the abuse of recipients
				  of care and required criminal history record information reports for
				  applicants, employees and administrators of facilities.
(b) This chapter applies to the Department,
				  area agencies on aging, providers of protective services for older adults,
				  parties to the making and investigation of reports of a need for protective
				  services by older adults, subjects of reports and investigations and the
				  facilities defined in this chapter.
(c) The Department will enforce this chapter
				  and maintain responsibility for future revisions as the continuing operation of
				  the program requires.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 15 - PROTECTIVE SERVICES FOR OLDER ADULTS › GENERAL PROVISIONS › Section 15.2 - 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:
Abandonment
-The desertion of an older
					 adult by a caretaker.
Abuse
-
(i) The occurrence of one or more of the
				  following acts:
(A) The infliction of injury,
				  unreasonable confinement, intimidation or punishment with resulting physical
				  harm, pain or mental anguish.
(B)
				  The willful deprivation by a caretaker of goods or services which are necessary
				  to maintain physical or mental health.
(C) Sexual harassment, rape or abuse, as
				  defined in 23 Pa.C.S. Chapter 61 (relating to Protection From Abuse
				  Act).
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 15 - PROTECTIVE SERVICES FOR OLDER ADULTS › PROGRAM ADMINISTRATION › Section 15.11 - Administrative functions and responsibilities of the Department

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General
				  responsibilities
. The Department will establish and maintain a
				  Statewide system of protective services for older adults who need them. These
				  services will be available and accessible through local protective services
				  agencies. In maintaining this system of protective services, the Department's
				  functions and responsibilities include the following:
(1) The review and approval of annual
				  protective services plans submitted by area agencies under §
											15.12(b) 
				  (relating to administrative functions and responsibilities of area agencies on
				  aging).
(2) The allocation of funds
				  appropriated for the implementation of the act to area agencies on aging to
				  administer local protective services plans.
(3) The establishment of minimum standards of
				  training and experience for protective services staff.
(4) The development and maintenance of a
				  fiscal and service data collection system to collect information on local
				  reports of a need for protective services, investigations, services provided
				  and other relevant data on protective services activities.
(5) The monitoring of local protective
				  services delivery for compliance with this chapter and approved area agency on
				  aging protective services plans.
(6) The development and maintenance of an
				  ongoing program of public information and education to promote general
				  awareness of and informed responses to the needs of older adults for protective
				  services available under this chapter.
(7) Ongoing coordination with State
				  agencies.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 15 - PROTECTIVE SERVICES FOR OLDER ADULTS › PROGRAM ADMINISTRATION › Section 15.13 - Organization and structure of protective services functions

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General organization.
The area agency on aging may provide protective services directly or under a
				  purchase of services contract with another provider agency. In either case, the
				  area agency on aging is responsible for the compliance of protective services
				  activities with this chapter. The area agency on aging shall assure that the
				  agency meets the minimum standards of organization and structure set forth in
				  this section.
(b)
Protective services caseworkers.
(1) The agency shall designate as a
				  protective services caseworker at least one caseworker who meets the minimum
				  standards in §§
											15.121-15.127 (relating to staff training
				  and experience standards).
(2) The
				  agency shall assign protective services cases to designated protective services
				  caseworkers by allocating the anticipated agency caseload in a manner
				  consistent with the agency's plan for caseload distribution.
(3) The agency's plan for caseload
				  distribution shall be described in the agency's protective services plan and
				  shall include the following specific information:
(i) The rationale for the proposed caseload
				  distribution.
(ii) How the subset
				  of workers will be defined and selected, including an estimate of the
				  anticipated caseload size to be assigned to each designated protective services
				  caseworker.
(iii) How the cases
				  within a designated protective services caseworker's caseload will be
				  prioritized.
(iv) How that
				  prioritization system will be maintained.
(v) How the agency will develop and maintain
				  the necessary specialized expertise required to fulfill protective services
				  responsibilities.
(4) A
				  protective services caseworker may not serve as the area agency on aging
				  ombudsman on the same case.
(5) The
				  protective services caseload assigned to a protective services caseworker may
				  not be planned to exceed 30 ongoing protective services cases.
(6) The case assignment system of the agency
				  shall encourage the appropriate transfer of cases into and out of protective
				  services caseloads as provided under §
											15.96 (relating to termination of
				  protective services).
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 15 - PROTECTIVE SERVICES FOR OLDER ADULTS › REPORTING SUSPECTED ABUSE, NEGLECT, ABANDONMENT OR EXPLOITATION › Section 15.21 - General reporting provisions

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  A person who has reasonable cause to believe that an older adult needs
				  protective services may report this to the local provider of protective
				  services. An area agency on aging shall publicize, on an ongoing basis, the
				  name, address and phone number of the agency where reports are to be
				  made.
(b) When applicable, reports
				  shall comply with §§
										15.151-15.157 (relating to reporting
				  suspected abuse).
This section cited in 55 Pa. Code §
												2600.15 (relating to abuse
						reporting covered by law); and 55 Pa. Code §
												2800.15 (relating to abuse
						reporting covered by law).
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 15 - PROTECTIVE SERVICES FOR OLDER ADULTS › REPORTING SUSPECTED ABUSE, NEGLECT, ABANDONMENT OR EXPLOITATION › Section 15.22 - Safeguards for those who make or receive reports

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Protection from
				  retaliation.
Under the act, a person or entity who takes
				  discriminatory, retaliatory or disciplinary action against an employee or other
				  person who makes a report, against a person who cooperates with the agency or
				  the Department to provide testimony or other information about a report, or
				  against a victim of abuse, commits a violation of the act. The person who takes
				  the discriminatory, retaliatory or disciplinary action is subject to a civil
				  lawsuit by the person who made the report, the victim of abuse named in the
				  report, or the person who cooperated with the agency or the Department. If the
				  court which hears the lawsuit decides in favor of the plaintiff, the plaintiff
				  shall recover triple compensatory damages, compensatory and punitive damages or
				  $5,000, whichever is greater, from the person or entity which committed the
				  violation.
(b)
Immunity
				  from liability.
As provided under the act, a person who participates
				  in the making of a report or completion of an investigation or who provides
				  testimony in an administrative or judicial proceeding arising out of a report
				  shall be immune from civil or criminal liability because of these actions
				  unless the person acted in bad faith or with malicious purpose. The act does
				  not extend this immunity to liability for acts of abuse, neglect, exploitation
				  or abandonment, even if the acts are the subject of the report or
				  testimony.
(c)
Intimidation; penalty.
Any person, including the victim, with
				  knowledge sufficient to justify making a report or cooperating with the agency,
				  including possibly providing testimony in any administrative or judicial
				  proceeding, shall be free from any intimidation by an employer or by any other
				  person or entity. Any person who violates this subsection is subject to civil
				  lawsuit by the person intimidated or the victim wherein the person intimidated
				  or the victim shall recover treble compensatory damages, compensatory and
				  punitive damages or $5,000, whichever is greater.
(d)
Notification.
The
				  administrator of a facility shall post notices in conspicuous and accessible
				  locations and use other appropriate means to notify employees, residents and
				  other individuals of protections and obligations under the act, and keep them
				  informed of the protections and obligations.
This section cited in 55 Pa. Code §
												2600.15 (relating to abuse
						reporting covered by law); and 55 Pa. Code §
												2800.15 (relating to abuse
						reporting covered by law).
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 15 - PROTECTIVE SERVICES FOR OLDER ADULTS › REPORTING SUSPECTED ABUSE, NEGLECT, ABANDONMENT OR EXPLOITATION › Section 15.24 - Receiving reports; agency intake process

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Personnel who may receive
				  reports.
A report shall be received only by persons who have received
				  training on the minimum requirements and procedures for receiving, recording,
				  screening and referring reports under §
										15.124 (relating to protective
				  services intake training curriculum). When the agency uses an answering service
				  to receive calls from persons reporting a need for protective services, the
				  agency shall have one of the following options:
(1) To provide the training for intake
				  workers required under §
											15.124 to appropriate staff of the
				  answering service organization.
(2)
				  To provide that all calls are forwarded directly to designated protective
				  services intake workers or caseworkers of the agency for completion of a report
				  of need form.