reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 15 - PROTECTIVE SERVICES FOR OLDER ADULTS › STAFF TRAINING AND EXPERIENCE STANDARDS › Section 15.124 - Protective services intake training curriculum

Current through Register Vol. 54, No. 28, July 13, 2024
The protective services intake training curriculum shall
					 consist of training including the following topics:
(1) Interviewing the reporter.
(2) Completion of the report form.
(3) Preliminary case status assessment to
				  determine report categories.
(4)
				  Requirements for referral of the report to the protective services
				  staff.
(5) Emergency
				  procedures.
(6)
				  Confidentiality.
This section cited in 6 Pa. Code §
												15.2 (relating to definitions); 6
						Pa. Code §
												15.11 (relating to administrative
						functions and responsibilities of the Department); 6 Pa. Code §
												15.13 (relating to organization and
						structure of protective services functions); 6 Pa. Code §
												15.24 (relating to receiving
						reports; agency intake process); 6 Pa. Code §
												15.41 (relating to reports required
						to be investigated); 6 Pa. Code §
												15.46 (relating to law enforcement
						agencies as available resources); and 6 Pa. Code §
												15.121 (relating to protective
						services staff qualifications).
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 15 - PROTECTIVE SERVICES FOR OLDER ADULTS › STAFF TRAINING AND EXPERIENCE STANDARDS › Section 15.125 - Availability of training

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  Department will provide for the development of training curricula described in
				  this section and will require the training to be conducted on a timely and
				  recurring basis. The Department will also provide for annual in-service
				  training.
(b) The agency shall
				  utilize staff meeting the requirements in §
										15.121(c)(1) and
				  (2) (relating to protective services staff
				  qualifications) to conduct training for protective services intake workers. The
				  training shall be in conformity with the curriculum for protective services
				  intake workers established by the Department.
This section cited in 6 Pa. Code §
												15.2 (relating to definitions); 6
						Pa. Code §
												15.11 (relating to administrative
						functions and responsibilities of the Department); 6 Pa. Code §
												15.13 (relating to organization and
						structure of protective services functions); 6 Pa. Code §
												15.41 (relating to reports required
						to be investigated); and 6 Pa. Code §
												15.46 (relating to law enforcement
						agencies as available resources).
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 15 - PROTECTIVE SERVICES FOR OLDER ADULTS › STAFF TRAINING AND EXPERIENCE STANDARDS › Section 15.126 - Training evaluation

Current through Register Vol. 54, No. 28, July 13, 2024
A person who completes the training set forth for each job
					 function in §
										15.121 (relating to protective
					 services staff qualifications) shall complete written evaluations that assess
					 competencies achieved by the learner.
This section cited in 6 Pa. Code §
												15.2 (relating to definitions); 6
						Pa. Code §
												15.11 (relating to administrative
						functions and responsibilities of the Department); 6 Pa. Code §
												15.13 (relating to organization and
						structure of protective services functions); 6 Pa. Code §
												15.41 (relating to reports required
						to be investigated); and 6 Pa. Code §
												15.46 (relating to law enforcement
						agencies as available resources).
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 15 - PROTECTIVE SERVICES FOR OLDER ADULTS › STAFF TRAINING AND EXPERIENCE STANDARDS › Section 15.127 - In-service training

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In
				  addition to the required training set forth in §§
										15.122 and
				  15.123 (relating to protective
				  services casework training curriculum; and protective services investigation
				  training curriculum), protective services supervisors and protective services
				  caseworkers shall participate in in-service training in protective services as
				  required by the Department each year beginning with the calendar year following
				  completion of the required basic protective services training set forth in
				  §
										15.122 (relating to protective
				  services casework training curriculum).
(b) Annual in-service training shall consist
				  of a minimum of 1 day of training and may include the following topics:
(1) Update on laws and regulations relating
				  to protective services.
(2)
				  Technical assistance for common problems.
(3) Best practice
				  presentations.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 15 - PROTECTIVE SERVICES FOR OLDER ADULTS › CRIMINAL HISTORY RECORD INFORMATION REPORTS › Section 15.141 - Prospective facility personnel

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule.
A facility shall require applicants for
				  employment to submit applications with a criminal history report, obtained
				  within 1 year immediately preceding the date of application, or as in §
										15.144 (relating to procedure), as
				  follows:
(1)
State Police criminal
				  history record.
Facilities shall require all applicants to submit a
				  State Police criminal history record.
(2)
Federal criminal history
				  record.
If the applicant is not and for the 2 years immediately
				  preceding the date of application has not been a resident of this Commonwealth,
				  the facility shall require the applicant to submit a Federal criminal history
				  record and a full set of fingerprints to the Department which will be forwarded
				  to the Federal Bureau of Investigation.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 15 - PROTECTIVE SERVICES FOR OLDER ADULTS › CRIMINAL HISTORY RECORD INFORMATION REPORTS › Section 15.142 - Employee requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  following employees are required to submit a criminal history report:
(1) Administrators and operators who have
				  direct contact with clients and who began serving as administrators and
				  operators after July 1, 1998. Residents of this Commonwealth shall comply
				  within 30 days of employment and nonresidents shall comply within 90
				  days.
(2) Employees of a facility
				  who were employed after July 1, 1998. Residents of this Commonwealth shall
				  comply within 30 days of employment and nonresidents shall comply within 90
				  days.
(3) Exceptions are as
				  follows:
(i) Employees of the facility on July
				  1, 1998, who were employed by the facility for a continuous period of at least
				  1 year prior to July 1, 1998.
(ii)
				  Employees who have complied with this section who transfer to another facility
				  established or supervised, or both, by the same operator.
(iii) Employees who are employed by a new
				  facility solely through a transfer of ownership of that facility.
(iv) A consumer attendant.
(v) An individual providing care to a
				  care-dependent person, and employed by the care-dependent person, or by another
				  person designated by the care-dependent person, and not by or through a home
				  health care agency.
(vi) An
				  individual, employed by an enterprise that operates facilities and
				  nonfacilities in the same physical location, who has no employment
				  responsibilities in the facility (Example: An individual employed by a hospital
				  which also has within it a long-term care nursing unit. The individual is
				  employed to work in the hospital).
(vii) A contract employee who has neither
				  direct contact with residents in a facility nor unsupervised access.
(viii) An individual, employed by a home
				  health agency or other entity that supplies, arranges for, or refers personnel
				  to provide care to care-dependent persons, who is employed for purposes other
				  than providing care in a facility or in a recipient's place of residence
				  (example: an individual employed as a bookkeeper by an agency which supplies
				  homemaker/home health aides).
(ix)
				  An individual functioning in a facility as a volunteer.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 15 - PROTECTIVE SERVICES FOR OLDER ADULTS › CRIMINAL HISTORY RECORD INFORMATION REPORTS › Section 15.143 - Facility responsibilities

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				  facility may not hire an applicant nor retain an employee required to submit a
				  criminal history report if the criminal history report reveals a felony
				  conviction under The Controlled Substance, Drug, Device and Cosmetic Act
				  (35
				  P. S. §§
											780-101-780-144).
(b) A facility may not hire an applicant nor
				  retain any employee required to submit a criminal history report if the
				  criminal history report reveals a conviction under one or more of the following
				  provisions of 18 Pa.C.S. (relating to the Crimes Code):
(1) Chapter 25 (relating to criminal
				  homicide).
(2) Section 2702
				  (relating to aggravated assault).
(3) Section 2901 (relating to
				  kidnapping).
(4) Section 2902
				  (relating to unlawful restraint).
(5) Section 3121 (relating to
				  rape).
(6) Section
				  3122.1 (relating to statutory
				  sexual assault).
(7) Section 3123
				  (relating to involuntary deviate sexual intercourse).
(8) Section
				  3124.1 (relating to sexual
				  assault).
(9) Section 3125
				  (relating to aggravated indecent assault).
(10) Section 3126 (relating to indecent
				  assault).
(11) Section 3127
				  (relating to indecent exposure).
(12) Section 3301 (relating to arson and
				  related offenses).
(13) Section
				  3502 (relating to burglary).
(14)
				  Section 3701 (relating to robbery).
(15) A felony offense under Chapter 39
				  (relating to theft and related offenses), or two or more misdemeanors under
				  Chapter 39.
(16) Section 4104
				  (relating to tampering with records or identification).
(17) Section 4114 (relating to securing
				  execution of documents by deception).
(18) Section 4302 (relating to
				  incest).
(19) Section 4303
				  (relating to concealing death of child).
(20) Section 4304 (relating to endangering
				  welfare of children).
(21) Section
				  4305 (relating to dealing in infant children).
(22) Section 4952 (relating to intimidation
				  of witnesses or victims).
(23)
				  Section 4953 (relating to retaliation against witness, victim or
				  party).
(24) A felony offense under
				  section 5902(b) (relating to prostitution and related offenses).
(25) Section 5903(c) or (d) (relating to
				  obscene and other sexual materials and performances).
(26) Section 6301 (relating to corruption of
				  minors).
(27) Section 6312
				  (relating to sexual abuse of children).
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 15 - PROTECTIVE SERVICES FOR OLDER ADULTS › CRIMINAL HISTORY RECORD INFORMATION REPORTS › Section 15.144 - Procedure

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Applicants and
				  employees required to obtain a criminal history report from the State Police
				  may obtain forms from a State Police facility.
(1) The State Police may charge a fee of not
				  more than $10. A facility's check, cashier's check, certified check or money
				  order shall accompany the request unless other payment arrangements are made
				  with the State Police.
(2)
				  Facilities may at their option require applicants and employees to return the
				  form to a designated individual for submission by the
				  facility.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 15 - PROTECTIVE SERVICES FOR OLDER ADULTS › CRIMINAL HISTORY RECORD INFORMATION REPORTS › Section 15.145 - Applicant or employee rights of review

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An applicant or employee may review,
				  challenge and appeal the completeness or accuracy of the applicant's or
				  employee's criminal history report under
				  18 Pa.C.S. §§
											9125 and
				  9152-9183 or
				  28 CFR
				  16.34 (relating to procedure to obtain
				  change, correction or updating of identification records), or both.
(b) An applicant or employee may challenge
				  the conviction comparison interpretation of the Department involving the
				  Federal criminal history record by filing an appeal with the Department under 1
				  Pa. Code Chapter 35 (relating to formal proceedings) and Chapter 3 (relating to
				  fair hearings and appeals). Appeals must be postmarked within 30 days from
				  receipt of the Department's letter and be in writing to the attention of the
				  Secretary of the Department.
This section cited in 6 Pa. Code §
												15.41 (relating to reports required
						to be investigated); and 6 Pa. Code §
												15.147 (relating to
						violations).
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 15 - PROTECTIVE SERVICES FOR OLDER ADULTS › CRIMINAL HISTORY RECORD INFORMATION REPORTS › Section 15.146 - Provisional hiring

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Facilities
				  may employ applicants on a provisional basis for a single period not to exceed
				  30 days for applicants requesting a State Police criminal history record, and a
				  single period not to exceed 90 days for applicants requesting a Federal
				  criminal history record, if all of the following conditions are met:
(1) Applicants shall have applied for a
				  criminal history report and provided the facility with a copy of the completed
				  request forms.
(2) The facility
				  shall have no knowledge about the applicant that would disqualify the applicant
				  from employment under
				  18 Pa.C.S. §
												4911
				  (relating to tampering with public record information).
(3) The applicant shall swear or affirm in
				  writing that the applicant is not disqualified from employment under the
				  act.
(4) The provisionally employed
				  applicant shall receive an orientation which provides information on policies,
				  procedures and laws which address standards of proper care and recognition and
				  reporting of abuse or neglect, or both, of recipients.
(5) The facility shall regularly supervise
				  the applicant carrying out assigned duties. The results of the observations
				  shall be documented in the employee personnel file.
(6) A home health care agency shall supervise
				  the applicant through random, direct observation and evaluation of the
				  applicant and care recipient by an employee who has been employed by the home
				  health agency for at least 1 year. The results of the observations shall be
				  documented in the employee personnel file.
(7) A home health agency which has been in
				  business for less than 1 year shall supervise the applicant through random,
				  direct observation and evaluation of the applicant and care recipient by an
				  employee with prior employment experience of at least 1 year with one or more
				  other home health care agencies. The results of the observations shall be
				  documented in the employee personnel file.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 15 - PROTECTIVE SERVICES FOR OLDER ADULTS › CRIMINAL HISTORY RECORD INFORMATION REPORTS › Section 15.147 - Violations

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Administrative.
(1) An
				  administrator or designee or facility owner-operator who intentionally or
				  willfully fails to comply or obstructs compliance with §§
											15.141-15.146 commits a violation of this
				  chapter and shall be subject to an administrative penalty.
(2) Violations and penalties shall be
				  determined by the Commonwealth agency that licenses the facility. The
				  Commonwealth agency may issue an order assessing a civil penalty of not more
				  than $2,500. An order issued under this paragraph is subject to due process as
				  set forth in
				  2
				  Pa.C.S. §§
												501-508 and
				  551-555 (relating to
				  practice and procedure of Commonwealth agencies; and practice and procedure of
				  local agencies) and judicial review in
				  2
				  Pa.C.S. §§
												701-704 and
				  751-754 (relating to
				  judicial review of Commonwealth agency action; and judicial review of local
				  agency action).
(3) Representatives
				  of the Departments of Aging, Health and Public Welfare who suspect violations
				  of this section shall report them to the appropriate Commonwealth licensing
				  agency under procedures developed by the Department in consultation with the
				  licensing agency. The report shall be made in writing and include, at a
				  minimum, the facility, the administrator, owner, operator or designee suspected
				  of committing the violation and a description of the suspected
				  violation.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 15 - PROTECTIVE SERVICES FOR OLDER ADULTS › REPORTING SUSPECTED ABUSE › Section 15.151 - General requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  Administrators or employees who have reasonable cause to suspect that a
				  recipient is a victim of abuse shall:
(1)
				  Immediately make an oral report to the agency.
(2) Make a written report to the agency
				  within 48 hours.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 15 - PROTECTIVE SERVICES FOR OLDER ADULTS › REPORTING SUSPECTED ABUSE › Section 15.152 - Additional reporting requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Administrators or employees who have
				  reasonable cause to suspect that a recipient is the victim of sexual abuse,
				  serious physical injury or serious bodily injury, or that a recipient's death
				  is suspicious, shall, in addition to the reporting requirements in §
										15.151(a)
				  (relating to general requirements):
(1)
				  Immediately make an oral report to law enforcement officials. An employee shall
				  immediately notify the facility administrator or a designee following a report
				  to law enforcement officials.
(2)
				  Make an oral report to the Department during the current business day or, if
				  the incident occurs after normal business hours, at the opening of the next
				  business day.
(3) Make a written
				  report within 48 hours of making the oral report, to law enforcement officials
				  and the agency.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 15 - PROTECTIVE SERVICES FOR OLDER ADULTS › REPORTING SUSPECTED ABUSE › Section 15.153 - Contents of reports

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Written
				  reports under §§
										15.151 and
				  15.152 (relating to general
				  requirements; and additional reporting requirements) shall be made on forms
				  supplied or approved by the Department.
(b) The report shall include, at a minimum,
				  the following information:
(1) Name, age and
				  address of recipient.
(2) Name,
				  address of recipient's guardian or next-of-kin.
(3) Facility name and address.
(4) Description of the incident.
(5) Specific comments or
				  observations.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 15 - PROTECTIVE SERVICES FOR OLDER ADULTS › REPORTING SUSPECTED ABUSE › Section 15.154 - Reports to Department and coroner by agencies

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Department.
(1) Within 48 hours of receipt of a written
				  report under §
											15.152 (relating to additional
				  reporting requirements) involving sexual abuse, serious physical injury,
				  serious bodily injury or suspicious death, the agency shall transmit a written
				  report to the Department.
(2) A
				  report under this subsection shall be made in a manner and on forms prescribed
				  by the Department. The report shall include, at a minimum, the following
				  information.
(i) The name and address of the
				  alleged victim.
(ii) Where the
				  suspected abuse occurred.
(iii) The
				  age and sex of the alleged perpetrator and victim.
(iv) The nature and extent of the suspected
				  abuse, including evidence of prior abuse.
(v) The name and relationship of the
				  individual responsible for causing the alleged abuse to the victim, if known,
				  and evidence of prior abuse by that individual.
(vi) The source of the report.
(vii) The individual making the report and
				  where that individual can be reached.
(viii) The actions taken by the reporting
				  source, including taking of photographs and X-rays, removal of recipient and
				  notification under subsection (b).
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 15 - PROTECTIVE SERVICES FOR OLDER ADULTS › REPORTING SUSPECTED ABUSE › Section 15.155 - Investigation

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Agency
				  response
. Upon receipt of a report under §§
										15.151 and
				  15.152 (relating to general
				  requirements; and additional reporting requirements), the agency shall respond
				  as follows:
(1) If the victim or recipient is
				  60 years of age or older, the agency shall conduct an investigation to
				  determine if the subject of the report is in need of protective services. The
				  investigation by the agency shall be conducted as set forth at §§
											15.41-15.47 (relating to investigating
				  reports of need for protective services).
(2) If the victim or recipient is under 60
				  years of age, the agency may not conduct an investigation. The investigation of
				  the reports shall be conducted by the State agency, if any, that licensed the
				  facility.
(3) If the victim or
				  recipient is under 18 years of age, the agency shall notify and forward reports
				  to the regional office of the Department of Public Welfare, Office of Children,
				  Youth and Families or the State "ChildLine" and the county office of child
				  protective services.
(4) If the
				  victim or recipient resides in a nursing home or is receiving home health
				  services, the agency shall notify and forward reports to the Department of
				  Health office with facility licensing responsibilities and the regional office
				  of the Department of Health.
(5) If
				  the victim or recipient resides in a personal care home, the agency shall
				  notify and forward reports to the Department of Public Welfare regional office
				  with facility licensing responsibilities.
(6) If the victim or recipient resides in a
				  domiciliary care home or receives services from an adult daily living center,
				  the agency shall notify and forward reports to the Department.
(7) If the agency has knowledge or believes
				  that the victim or recipient has mental retardation or a mental health
				  condition, the agency shall notify the Department of Public Welfare office with
				  facility licensing responsibilities and the county MH/MR office in addition to
				  making other reports required by this subsection.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 15 - PROTECTIVE SERVICES FOR OLDER ADULTS › REPORTING SUSPECTED ABUSE › Section 15.156 - Restrictions on employees

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Upon
				  notification that an employee is alleged to have committed abuse, the facility
				  shall immediately develop and implement an individual plan of supervision or,
				  when appropriate, suspension of the employee. The facility shall submit to the
				  agency and the Commonwealth agency with regulatory authority over the facility
				  a copy of the employee's individual plan of supervision for approval within the
				  agencies' accepted time frames.
(b)
				  Following approval of an individual plan of supervision by the agency and
				  Commonwealth agency, the facility shall follow the plan. Changes to the plan
				  must be approved by the agency and the Commonwealth agency with regulatory
				  authority over the facility prior to their implementation.
(c) The individual plan of supervision
				  established by a home health care agency shall, in addition to the requirements
				  of this section, include periodic, random direct observation and evaluation of
				  the employee and care recipient by an individual continuously employed by the
				  home health care agency for at least 1 year. For a home health agency in
				  business for less than 1 year, supervision shall include random, direct
				  observation and evaluation by an employee with prior employment experience of
				  at least 1 year with one or more other home health care agencies.
(d) Upon being notified by law enforcement
				  officials of a decision to file criminal charges against an employee, as a
				  result of a report made in compliance with §
										15.152 (relating to additional
				  reporting requirements), the facility shall inform the Commonwealth agency that
				  licenses the facility. The Commonwealth licensing agency shall order the
				  facility to immediately deny the employee access to recipients at the facility.
				  If the employee is a director, operator, administrator or supervisor, the
				  employee shall be subject to restrictions by the Commonwealth licensing agency
				  to assure the safety of recipients at the facility.
This section cited in 6 Pa. Code §
												15.21 (relating to general
						reporting provisions); and 6 Pa. Code §
												15.158 (relating to
						penalties).
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 15 - PROTECTIVE SERVICES FOR OLDER ADULTS › REPORTING SUSPECTED ABUSE › Section 15.157 - Confidentiality of and access to confidential reports

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule.
Except as
				  provided in subsection (b) and §
										15.105 (relating to limited access
				  to records and disclosure of information), all information concerning a report
				  under this chapter shall be confidential.
(b)
Exceptions.
Relevant
				  information concerning a report under this chapter shall be made available to
				  the following:
(1) An employee of the
				  Department or of an agency in the course of official duties in connection with
				  responsibilities under this chapter, including the long term care
				  ombudsman.
(2) An employee of the
				  Department of Health or the Department of Public Welfare in the course of
				  official duties.
(3) An employee of
				  an agency of another state that performs protective services similar to those
				  under this chapter.
(4) A
				  practitioner of the healing arts who is examining or treating a recipient and
				  who suspects that the recipient is in need of protection under this
				  chapter.
(5) The director, or an
				  individual specifically designated in writing by the director, of a hospital or
				  other medical institution where the victim is being treated if the director or
				  designee suspects the recipient is in need of protection under this
				  chapter.
(6) The recipient or the
				  guardian of the recipient.
(7) A
				  court of competent jurisdiction under a court order.
(8) The Attorney General.
(9) Law enforcement officials of any
				  jurisdiction as long as the information is relevant in the course of
				  investigating cases of abuse.
(10)
				  A mandated reporter who made a report of suspected abuse. Information released
				  under this paragraph shall be limited to the following:
(i) The final status of the report following
				  the investigation.
(ii) Services
				  provided or to be provided by the agency.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 15 - PROTECTIVE SERVICES FOR OLDER ADULTS › REPORTING SUSPECTED ABUSE › Section 15.158 - Penalties

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Administrative.
(1) An
				  administrator or a designee or facility owner who intentionally or willfully
				  fails to comply or obstructs compliance with §§
											15.151-15.157 or who intimidates or
				  commits a retaliatory act against an employee who complies in good faith with
				  this chapter commits a violation of this chapter and shall be subject to an
				  administrative penalty.
(2)
				  Violations and penalties shall be determined by the Commonwealth agency that
				  regulates the facility. The Commonwealth agency may issue an order assessing a
				  civil penalty of not more than $2,500. An order issued under this paragraph is
				  subject to due process as set forth in
				  2
				  Pa.C.S. §§
												501-508 and
				  551-555 (relating to
				  practice and procedure of Commonwealth agencies; and practice and procedure of
				  local agencies) and judicial review in
				  2
				  Pa.C.S. §§
												701-704 and
				  751-754 (relating to
				  judicial review of Commonwealth agency action; and judicial review of local
				  agency action).
(3) Representatives
				  of the Departments of Aging, Health and Welfare who suspect violations of this
				  section will report them to the appropriate Commonwealth licensing agency under
				  procedures developed by the Department in consultation with the licensing
				  agency. The report shall be made in writing and include, at a minimum, the
				  facility, the administrator, owner, operator or designee suspected of
				  committing the violation and a description of the suspected
				  violation.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 15 - PROTECTIVE SERVICES FOR OLDER ADULTS › REPORTING SUSPECTED ABUSE › Section 15.159 - Immunity

Current through Register Vol. 54, No. 28, July 13, 2024
An administrator or a facility will not be held civilly
					 liable for any action directly related to good faith compliance with this
					 chapter.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 15 - PROTECTIVE SERVICES FOR OLDER ADULTS › OTHER ADMINISTRATIVE PROVISIONS › Section 15.161 - Waivers

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department
				  may, at its discretion and for justifiable reason, grant exceptions to and
				  departures from this chapter to an area agency on aging when the area agency on
				  aging can, by clear and convincing evidence, demonstrate that compliance would
				  cause an unreasonable and undue hardship upon the area agency on aging and that
				  an exception would not impair the health, safety or welfare of older adults or
				  otherwise compromise the intent of this chapter. The Department cannot,
				  however, waive statutory requirements in the act.
(b) A waiver request shall be made in writing
				  to the Secretary. A request shall specifically identify and explain the burden
				  created by the requirement for which the exception is being sought, the
				  alternative method for fulfilling the basic intent of the requirement and
				  evidence of the steps to be taken to assure that the health, safety and welfare
				  of older adults will not be compromised.
(c) An exception granted under this chapter
				  may be revoked by the Department at its discretion for a justifiable reason.
				  Notice of revocation will be in writing and will include the reason for the
				  action of the Department and a specific date upon which the exception will be
				  terminated.
(d) In revoking an
				  exception, the Department will provide for a reasonable time between the date
				  of written notice of revocation and the date of termination of an exception for
				  the agency to come into compliance with the applicable regulations.
(e) If an agency wishes to request a
				  reconsideration of a denial or revocation of an exception, it shall do so in
				  writing to the Secretary within 15 days of receipt of the adverse
				  notification.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 20 - FAMILY CAREGIVER SUPPORT PROGRAM › GENERAL PROVISIONS › Section 20.1 - Scope and authority

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  purpose of this chapter is to set forth regulations governing the
				  administration and operation of the Program under the act.
(b) This chapter applies to the Department,
				  area agencies on aging, service providers under contract with an area agency on
				  aging to provide services under this chapter and caregivers and carereceivers
				  who receive benefits of the Program.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 20 - FAMILY CAREGIVER SUPPORT PROGRAM › PROGRAM ADMINISTRATION › Section 20.11 - Administrative functions and responsibilities of the Department

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department
				  will administer the Program under contract with area agencies on
				  aging.
(b) In the administration of
				  the Program, the Department's functions and responsibilities include the
				  following:
(1) The review and approval of
				  annual Program plans submitted by area agencies on aging under §
											20.12 (relating to administrative
				  functions and responsibilities of area agencies on aging).
(2) The allocation to area agencies on aging
				  of funds appropriated for the provision of services and benefits under this
				  chapter.
(3) The establishment and
				  maintenance of minimum standards for the operation of the Program and the
				  provision of services and benefits under this chapter.
(4) The development and maintenance of fiscal
				  and service data collection forms and procedures for collecting information on
				  families served and services and benefits provided.
(5) The monitoring of local Programs for
				  compliance with this chapter and approved area agency on aging Program
				  plans.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 20 - FAMILY CAREGIVER SUPPORT PROGRAM › PROGRAM ADMINISTRATION › Section 20.12 - Administrative functions and responsibilities of area agencies on aging

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General.
(1) Each area
				  agency on aging shall administer a Program under this chapter in its planning
				  and service area.
(2) In the
				  administration of the Program, the functions and responsibilities of the area
				  agency on aging shall include the following:
(i) The development and submission of a
				  Program plan under subsection (b).
(ii) The coordination of service development
				  and delivery under this chapter with other appropriate agencies and
				  organizations in the community, with special efforts to develop and maintain an
				  effective network of local support for family caregivers.
(iii) The collection and submission to the
				  Department of Program and fiscal information on families served, and services
				  and benefits provided, on forms provided by the Department.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 20 - FAMILY CAREGIVER SUPPORT PROGRAM › CAREGIVER PARTICIPATION › Section 20.21 - Eligibility for Program benefits

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General.
The services and benefits of the Program are
				  available to the primary caregiver of a functionally dependent older adult
				  relative, or other adult relative suffering from a chronic dementia such as
				  Alzheimer's Disease, who lives in the same residence and whose household income
				  does not exceed 380% of the poverty level. In addition to a thorough family
				  assessment, these services include benefits counseling, caregiver education and
				  financial benefits. The financial benefits are available, as provided under
				  §§
										20.41-20.45 (relating to reimbursement
				  benefits), to reimburse caregivers for expenses directly related to the
				  provision of care. Subject to the availability of appropriated funds allocated
				  to a planning and service area, these benefits are available on a cost-sharing
				  basis up to specified maximum amount according to the caregiver family's
				  household income and documented expenditures.
(b)
Criteria for the determination of
				  eligibility.
For a caregiver to be determined eligible for the
				  services and benefits available under this chapter, the following criteria
				  shall be met:
(1) The caregiver shall be the
				  primary caregiver as defined under §
											20.2 (relating to
				  definitions).
(2) The primary
				  caregiver and the carereceiver shall be relatives and live together in the same
				  residence as defined under § 20.2.
(3) The caregiver family (carereceiver
				  included) shall cooperate with the area agency on aging in the completion of a
				  comprehensive assessment of the caregiver, the carereceiver and the caregiving
				  environment as required under §
											20.32 (relating to assessment and
				  care management).
(4) The
				  carereceiver shall be a functionally dependent older adult or other adult with
				  a chronic dementia such as Alzheimer's Disease as diagnosed under §
				  20.32.
(5) The household income of
				  the caregiver family, as provided under §
											20.23 (relating to income), may not
				  exceed 380% of the poverty level.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 20 - FAMILY CAREGIVER SUPPORT PROGRAM › CAREGIVER PARTICIPATION › Section 20.23 - Income

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Income
				  limits.
(1) Caregivers whose
				  household income exceeds 380% of poverty level are not eligible for the
				  benefits and services under this chapter.
(2) Caregivers whose income exceeds 200% of
				  poverty level and does not exceed 380% of poverty level are required to share
				  in the costs of reimbursable items and services under this chapter as provided
				  under §
											20.41 (relating to general
				  reimbursement).
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 20 - FAMILY CAREGIVER SUPPORT PROGRAM › CAREGIVER PARTICIPATION › Section 20.24 - Appeals

Current through Register Vol. 54, No. 28, July 13, 2024
Primary caregivers have the right to appeal an adverse
					 decision by an area agency on aging regarding eligibility or the level of cost
					 sharing determined by the agency. Appeals shall be filed under Chapter 3
					 (relating to fair hearings and appeals).
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 20 - FAMILY CAREGIVER SUPPORT PROGRAM › CORE PROGRAM SERVICES › Section 20.31 - General

Current through Register Vol. 54, No. 28, July 13, 2024
The core services of the Program include the assessment of
					 the caregiver, carereceiver and caregiving environment; the development of a
					 care plan responsive to the caregiver's needs and burdens; ongoing casework
					 services as needs may arise; benefits counseling; and caregiver education and
					 training.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 20 - FAMILY CAREGIVER SUPPORT PROGRAM › CORE PROGRAM SERVICES › Section 20.32 - Assessment and care management

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Activities.
Assessment and care management services include
				  the following activities:
(1) The assessment
				  of the status and needs of the caregiver, the carereceiver and the caregiving
				  environment.
(2) The development
				  and management of a care plan.
(3)
				  The reassessment of status and needs every 6 months. Reassessment includes
				  ongoing casework as problems arise.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 20 - FAMILY CAREGIVER SUPPORT PROGRAM › CORE PROGRAM SERVICES › Section 20.33 - Benefits counseling

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General.
(1) The
				  family-centered assessment of caregiving needs and stresses required under
				  §
											20.32 (relating to assessments and
				  care management) forms the basis for the provision of comprehensive counseling
				  about resources and benefits appropriate to meet the specific needs of each
				  caregiving family. This includes Federal, State and local, formal and informal
				  resources and assistance in gaining access to these resources.
(2) Caregivers may be people from a wide
				  range of family circumstances. The benefit and resource information relevant to
				  a caregiver's needs may be different from that which is relevant to traditional
				  area agency on aging clients. Benefits counseling may need to assist caregivers
				  in securing resources to address a wide variety of problems in areas ranging
				  from day care for young children to mental health, drug and alcohol abuse or
				  vocational rehabilitation.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 20 - FAMILY CAREGIVER SUPPORT PROGRAM › CORE PROGRAM SERVICES › Section 20.34 - Caregiver education and training

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General.
The purpose of
				  caregiver education and training is to strengthen caregiving skills and ease
				  the burden of caregiving, with special attention to health problems of
				  carereceivers, coping skills for caregivers and the performance of appropriate
				  personal care tasks. For the purpose of this Program, caregiver education shall
				  be carried out on a face-to-face basis or, at a minimum, through videotape
				  instruction. Printed educational materials may be used to supplement these
				  activities.
(b)
Service
				  activities.
The service activities of caregiver education may consist
				  of a variety of approaches designed to reach the general caregiver population
				  in the community. Area agencies on aging shall take steps to ensure that
				  opportunities for caregiver education are readily accessible to caregivers
				  under the Program. Activities include the following:
(1) The review of existing assessment
				  documentation, and intensive exploration of the educational needs of individual
				  caregivers.
(2) The development of
				  programming to meet the educational needs of individual Program caregivers and
				  groups of Program caregivers.
(3)
				  Hands-on training to develop a caregiver's skill in performing an essential
				  task of caregiving such as bathing.
(4) The development of an educational
				  library. An educational library may contain either written or videotaped
				  material, and shall promote both individual or group Program caregiver
				  utilization of this material.
(5)
				  Special "caregiver days," such as events held in recognition of National
				  Caregivers Week or Older Americans Month. These "Caregiver Days" may consist of
				  educational programs, group interaction or group review of educational
				  videotapes.
(6) Support group
				  activities, including educational programming.
(7) The review of educational videotapes by
				  individual caregivers in their homes.
(8) The facilitation of caregiver access to
				  educational services not available directly from the
				  Program.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 20 - FAMILY CAREGIVER SUPPORT PROGRAM › REIMBURSEMENT BENEFITS › Section 20.41 - General reimbursement

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Expenditure parameters.
When an area agency on aging has
				  annualized its Program and the ongoing caseload level has stabilized at, or
				  around, the level projected in the approved Program plan, the following
				  parameters on expenditures shall be observed:
(1) At least 55% of the allocated funding
				  shall be budgeted and expended for the reimbursement of care-givers.
(2) No more than 20% of the amount budgeted
				  and expended for the reimbursement of caregivers may be budgeted and expended
				  for home modifications and assistive devices.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 20 - FAMILY CAREGIVER SUPPORT PROGRAM › REIMBURSEMENT BENEFITS › Section 20.42 - Ongoing caregiving expenses

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Reimbursable expenses.
To qualify for reimbursement under this
				  chapter, ongoing expenses shall be for services or consumable supplies directly
				  related and necessary to the care being provided to the carereceiver. To the
				  extent that they are consistent with the developed care plan, the services may
				  include all forms of respite care, other supportive services and consumable
				  supplies as defined in this chapter.
(b)
Accumulated benefits.
To
				  facilitate the purchase of more expensive respite care and other supportive
				  services for a period of time that would afford a primary caregiver the
				  opportunity to be away for several days of vacation, hospitalization or special
				  emergency absences, an area agency on aging may permit caregivers to accumulate
				  unused financial benefits under the following provisions:
(1) Unused reimbursement benefits may only be
				  accumulated for the purposes described under this subsection when an area
				  agency on aging has included its intent and procedures for allowing accumulated
				  benefits in its approved Program plan as provided under §
											20.12 (relating to administrative
				  functions and responsibilities of area agencies on aging).
(2) Reimbursement benefits available for home
				  modifications and assistive devices may not be used for the special
				  circumstances provided under this subsection.
(3) Accumulated reimbursement benefits may
				  not be anticipated. They shall have been earned on a monthly basis prior to
				  use.
(4) Unused reimbursement
				  benefits may be accumulated over a period of time not to exceed 6
				  months.
(5) Accumulated
				  reimbursement benefits may not be carried over from 1 contract year to another
				  unless the Department has waived this requirement. The Department will consider
				  waiving this requirement only if an area agency submits a written request for a
				  waiver which adequately explains how the area agency on aging proposes to
				  provide accumulated benefits across contract years without charging
				  expenditures in 1 contract year to the budget for a different contract year.
				  This paragraph is not subject to §
											20.62 (relating to
				  waivers).