reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart C - Administration and Fiscal Management › Chapter 6211 - ALLOWABLE COST REIMBURSEMENT FOR NON-STATE OPERATED INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY › ALLOWABLE COSTS › Section 6211.79 - Depreciation allowance

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Depreciation on capital assets used to provide compensable services to medical
					 assistance clients, including assets for normal, standby or emergency use, and
					 specialized equipment such as wheelchairs, is allowable.
(b) Except as specified in subsections (c)
					 and (d), a facility will be reimbursed for allowable depreciation costs only if
					 the facility is the recorded holder of legal title.
(c) Facilities that participated in the MA
					 Program prior to July 1, 1984, that are not part of a related organization and
					 that are not the recorded holder of legal title to the facility, are considered
					 to meet the recorded holder of legal title requirement and will be reimbursed
					 for allowable depreciation on a particular project, if, at the time services
					 were rendered, the following existed:
(1) The
					 particular project was primarily funded through an Industrial Development
					 Authority bond issue, or tax exempt funding sources established under State
					 statute.
(2) The facility provided
					 the Department with all documents relating to the ownership and financial
					 obligations relating to the facility.
(3) The facility met the standards of HIM-15,
					 Section 110-B, with respect to virtual purchases.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart C - Administration and Fiscal Management › Chapter 6211 - ALLOWABLE COST REIMBURSEMENT FOR NON-STATE OPERATED INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY › ALLOWABLE COSTS › Section 6211.80 - Elimination of funded depreciation requirement-statement of policy

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of §
											1181.259a (relating to elimination
						of funded depreciation-statement of policy) are applicable to §
											6211.79(q)
						(relating to depreciation allowance).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart C - Administration and Fiscal Management › Chapter 6211 - ALLOWABLE COST REIMBURSEMENT FOR NON-STATE OPERATED INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY › ALLOWABLE COSTS › Section 6211.81 - Interest

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Necessary and
					 proper interest on capital and current indebtedness is allowable. The
					 Department will recognize interest as an allowable cost subject to the
					 following conditions:
(1) Interest on new or
					 additional beds is an allowable cost only if both of the following apply.
(i) The facility was issued either a Section
					 1122 approval or letter of nonreviewability in accordance with 28 Pa. Code
					 Chapter 301 (relating to limitation on Federal participation for capital
					 expenditures) or a certificate of need or letter of nonreviewability in
					 accordance with 28 Pa. Code Chapter 401 (relating to certificate of need
					 program) for the project by the Department of Health.
(ii) The facility substantially implements
					 the project as defined at 28 Pa. Code §
													401.5(j)(2)
					 (relating to certificate of need) within the effective period of the original
					 Section 1122 approval or the original certificate of need.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart C - Administration and Fiscal Management › Chapter 6211 - ALLOWABLE COST REIMBURSEMENT FOR NON-STATE OPERATED INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY › ALLOWABLE COSTS › Section 6211.82 - Rental costs

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Space that
					 is justified by the program is allowable.
(b) Leasing or rental costs for buildings is
					 allowable if parties are unrelated and the facility demonstrates that the
					 rental or lease is an arm's length transaction and continues as such.
(c) Exceptions to subsection (b) are allowed
					 only upon advance approval from the Deputy Secretary for the Office of
					 Developmental Programs or a designee. Approval will be based on a fair market
					 rental appraisal as outlined in subsection (e), or documented costs of
					 ownership, except that return on equity is not permitted. The provider is
					 permitted to include documented mortgage interest charges and
					 depreciation.
(d) The provider
					 shall maintain adequate documentation to substantiate rental costs.
					 Documentation shall include copies of the Deputy Secretary's approval specified
					 in subsection (c), the lease, and bills for taxes, insurance, and
					 interest.
(e) The facility shall
					 maintain documentation of a fair market rental appraisal for all rental
					 properties, from an individual who holds at least one of the following
					 designations awarded by the Society of Real Estate Appraisers:
(1) Senior Real Property Appraiser.
(2) Senior Residential Appraiser.
(3) Senior Real Estate Analyst.
(4) Member of the American Institute of Real
					 Estate Appraisers.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart C - Administration and Fiscal Management › Chapter 6211 - ALLOWABLE COST REIMBURSEMENT FOR NON-STATE OPERATED INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY › ALLOWABLE COSTS › Section 6211.83 - Vehicle costs

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Leasing or
					 rental costs of automobiles are not allowable unless the provider can
					 demonstrate that the transaction is an arm's length transaction.
(b) A facility may not rent an automobile
					 from a parent corporation unless the facility can demonstrate it is leasing at
					 less than or equal to the amount other vendors are charging for a similar
					 automobile.
(c) Providers shall use
					 a competitive bidding process in order to purchase or lease vehicles.
(d) Providers shall explore cost
					 differentials between leasing and purchasing of vehicles and shall choose the
					 least expensive alternative.
(e)
					 The personal use of provider-owned or leased motor vehicles by employes, owners
					 or officers is prohibited.
(f)
					 Daily logs detailing use of vehicles as well as the maintenance activities and
					 costs shall be maintained by the provider.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart C - Administration and Fiscal Management › Chapter 6211 - ALLOWABLE COST REIMBURSEMENT FOR NON-STATE OPERATED INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY › ALLOWABLE COSTS › Section 6211.84 - Purchase bid requirements

Current through Register Vol. 54, No. 28, July 13, 2024
Purchase of services, major renovations, capital
						equipment, and supplies that exceed $5,000 annually must be made through a
						competitive bidding process or a request for proposal process. Certain
						professional services included but not limited to those of practitioners and
						attorneys are exempt from this requirement. A bid may be obtained for a maximum
						of 3 years. Facilities shall not purchase in a piecemeal fashion to avoid the
						$5,000 limit. Purchases without bids shall be based upon sole source
						justification supported by documentation of the uniqueness or the limited
						availability of the service.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart C - Administration and Fiscal Management › Chapter 6211 - ALLOWABLE COST REIMBURSEMENT FOR NON-STATE OPERATED INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY › ALLOWABLE COSTS › Section 6211.85 - Income and offsets to allowable cost

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Income from the following sources offsets
					 allowable costs:
(1) Medical assistance
					 reimbursement income.
(2) Client
					 pay or assessed liability that is deducted from client billings.
(3) Gifts and donations restricted by the
					 donor for allowable costs.
(4)
					 Refunds and cash discounts.
(5)
					 Grants designated for allowable costs.
(i) If
					 the facility serves more than 50% of clients age 21 or younger, the provider
					 shall act as sponsoring agency for participation of those clients in the
					 residential component of the National School Lunch Program.
(ii) If clients of the facility are eligible
					 for participation in the Food Stamp Program, it is the provider's
					 responsibility to contact the local county assistance office and utilize food
					 stamps accordingly.
(6)
					 Income from space rental, vending machines and similar items.
(7) Interest earned on items specified in
					 paragraphs (1)-(6).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart C - Administration and Fiscal Management › Chapter 6211 - ALLOWABLE COST REIMBURSEMENT FOR NON-STATE OPERATED INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY › ALLOWABLE COSTS › Section 6211.86 - Transportation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Nonemergency
					 transportation expenses related to client care are allowable.
(b) Reimbursement of employe expenses
					 incurred while transporting a resident to or from locations is allowable.
					 Reimbursement may not exceed the mileage rate paid to Commonwealth
					 employes.
(c) Staff transportation
					 costs are eligible for reimbursement if the traveler is an officer or employe
					 of the facility and if the travel is reasonable and related to the
					 program.
(d) The Department will
					 not reimburse for lodging if the employe is less than 50 miles from the
					 employe's home or work site.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart C - Administration and Fiscal Management › Chapter 6211 - ALLOWABLE COST REIMBURSEMENT FOR NON-STATE OPERATED INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY › ALLOWABLE COSTS › Section 6211.87 - Return on equity

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 Department will not contribute to a return on equity for proprietary
					 intermediate care facility for individuals with an intellectual disability
					 programs.
(b) Excess funds shall be
					 returned to the Department within 6 months from the close of an audit or cost
					 settlement determination.
The provisions of this §
													6211.87 amended under sections
						  201(2) and 443.1(2) and (3) of the Human Services Code (62 P.S.
						  §§
														201(2) and
						  443.1(2) and
						  (3)).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart C - Administration and Fiscal Management › Chapter 6211 - ALLOWABLE COST REIMBURSEMENT FOR NON-STATE OPERATED INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY › ALLOWABLE COSTS › Section 6211.88 - Start-up costs

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Start-up
					 costs shall be capitalized as deferred charges and amortized over a minimum of
					 5 years.
(b) Start-up costs
					 include, but are not limited to, administrative and nursing salaries, utility
					 costs, taxes, insurance, mortgage and other interest, employe training costs,
					 repairs and maintenance, housekeeping and other allowable costs incident to the
					 start-up period.
(c) Costs that are
					 properly identifiable as organization costs or capitalizable as construction
					 costs shall be classified as such and excluded from start-up costs.
(d) Costs related to changes in ownership as
					 defined in §
											6211.79(m)
					 (relating to depreciation allowance) are not allowable as start-up
					 costs.
(e) Amortized start-up costs
					 shall be shown on the Depreciation and Amortization Schedule that is a part of
					 the budget submission or the cost report. The costs shall be documented on the
					 budget narrative or the cost report. A 60-month amortization period is allowed
					 for these costs.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart C - Administration and Fiscal Management › Chapter 6211 - ALLOWABLE COST REIMBURSEMENT FOR NON-STATE OPERATED INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY › CONFLICT OF INTEREST › Section 6211.111 - Nonprofit organizations

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
					 voting member of the governing board of a nonprofit organization shall disclose
					 in writing to the Department a contract or agreement for compensation with the
					 provider in which the voting member has a personal interest.
(b) If a voting member receives compensation
					 from the provider, the compensation shall be excluded from the allowable costs
					 of the facility if both of the following apply:
(1) The voting member votes on the payment of
					 compensation to himself or fails to disclose his interest to other members of
					 the governing board.
(2) The
					 organization fails to disclose the interest of the voting member.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart C - Administration and Fiscal Management › Chapter 6211 - ALLOWABLE COST REIMBURSEMENT FOR NON-STATE OPERATED INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY › CONFLICT OF INTEREST › Section 6211.112 - Profit organizations

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If
					 a proprietor of an organization organized for profit performs services as a
					 salaried employe of the organization, a reasonable allowance of compensation
					 for these services is an allowable cost if both of the following apply:
(1) The services are actually performed in a
					 necessary function.
(2) The person
					 is qualified to perform these services.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart C - Administration and Fiscal Management › Chapter 6211 - ALLOWABLE COST REIMBURSEMENT FOR NON-STATE OPERATED INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY › CONFLICT OF INTEREST › Section 6211.113 - Purchase of goods and services for profit and nonprofit organizations

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Unless made
					 under the competitive bidding procedures of this subchapter, the purchase of
					 goods and services from a person having an interest in the organization that
					 operates the program is not allowable.
(b) For the purpose of subsection (a), an
					 interest shall include:
(1) A managing
					 employe, such as general manager, business manager, administrator, director or
					 other individual who exercises operational or managerial control over, or who
					 directly or indirectly is in charge of, the day-to-day operation of the
					 program.
(2) A partnership or
					 corporation organized for profit in which the managing employe of the program
					 is an officer, director or trustee or in which the manager or employe has an
					 ownership interest equal to more than 10% of the partnership or
					 corporation.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart C - Administration and Fiscal Management › Chapter 6211 - ALLOWABLE COST REIMBURSEMENT FOR NON-STATE OPERATED INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY › CONFLICT OF INTEREST › Section 6211.114 - Costs to related organizations

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Costs of goods or services furnished to a
					 program by a related organization are includable in the computation of per diem
					 rates at the lower of the cost to the related organization or the market price
					 of comparable goods or services available in the provider's Departmental
					 region.
(b) Interest expense is not
					 allowable if it is paid to a lender related through control, ownership, or
					 personal relationship to the borrowing organization.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart C - Administration and Fiscal Management › Chapter 6211 - ALLOWABLE COST REIMBURSEMENT FOR NON-STATE OPERATED INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY › BUDGET › Section 6211.121 - Submission of the budget

Current through Register Vol. 54, No. 28, July 13, 2024
(a) For
					 new programs that have never participated in the Intermediate Care Facility for
					 the persons with an intellectual disability program, or programs that have
					 participated in the program for less than 12 months, a budget shall be prepared
					 and submitted to the Department in accordance with forms and instructions
					 provided by the Department.
(b) If
					 a waiver of the standard interim per diem rate is requested, a budget shall be
					 submitted to the Department in accordance with §
											6211.31(e)
					 (relating to request for waiver) and shall be prepared in accordance with forms
					 and instructions provided by the Department.
The provisions of this §
													6211.121 amended under sections
						  201(2), 403(b) and 403.1 of the Public Welfare Code (code) (62 P.S.
						  §§
														201(2),
						  403(b) and 403.1), as amended
						  by the act of June 30, 2011, (P.L. 80, No. 22) (Act
						  22).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart C - Administration and Fiscal Management › Chapter 6211 - ALLOWABLE COST REIMBURSEMENT FOR NON-STATE OPERATED INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY › BUDGET › Section 6211.122 - Budget requirements

Current through Register Vol. 54, No. 28, July 13, 2024
All requirements of this subchapter apply for the
						preparation and submission of the budget.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart C - Administration and Fiscal Management › Chapter 6211 - ALLOWABLE COST REIMBURSEMENT FOR NON-STATE OPERATED INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY › BUDGET › Section 6211.123 - Major objects of expenditure and cost centers within the budget

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The budget
					 shall include the following major objects of expenditure:
(1) Personnel costs.
(2) Operating costs.
(3) Equipment and other fixed
					 assets.
(4) Depreciation and
					 interest.
(5) Apportioned
					 costs.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart C - Administration and Fiscal Management › Chapter 6211 - ALLOWABLE COST REIMBURSEMENT FOR NON-STATE OPERATED INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY › BUDGET › Section 6211.124 - Budget adjustments

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 provider is permitted to move funds between major objects of expenditure and
					 cost centers, within 10% of the approved amount per major object of expenditure
					 and cost center, during the course of the fiscal year.
(b) Movement of funds greater than 10%
					 requires submission of budget adjustment and shall meet the following
					 conditions:
(1) Changes shall remain within
					 the limit of the total approved budget level.
(2) Requests for adjustment shall be filed
					 during the fiscal year in which the rate is effective, and budget adjustments
					 may be filed a maximum of two per fiscal year.
(3) Budget adjustments shall be submitted on
					 forms prescribed by the Department and in accordance with applicable
					 instructions.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart C - Administration and Fiscal Management › Chapter 6211 - ALLOWABLE COST REIMBURSEMENT FOR NON-STATE OPERATED INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY › MOVEMENT OF FUNDS › Section 6211.131 - Conditions for movement of funds

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Agencies that operate multiple programs
					 shall be permitted to move up to 10% of the approved funding level of a program
					 across other programs the facility operates.
(b) Movement of funds shall be permitted only
					 once per Commonwealth fiscal year.
(c) The request for movement of funds shall
					 be submitted to the Department by May 31 of the fiscal year for which the
					 movement of funds is requested.
(d)
					 Movement of funds will not be approved if there is an increase in the sum of
					 the already approved funding levels for each of the programs the agency
					 operates.
(e) Movement of funds
					 shall be limited to 10% of a program's approved funding level.
(f) Movement of funds may be directed from
					 several programs to a single program.
The provisions of this §
													6211.131 amended under sections
						  201(2), 403(b) and 403.1 of the Public Welfare Code (code) (62 P.S.
						  §§
														201(2),
						  403(b) and 403.1), as amended
						  by the act of June 30, 2011, (P.L. 80, No. 22) (Act
						  22).
This section cited in 55 Pa. Code §
													6211.134 (relating to cost
						  reporting).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart C - Administration and Fiscal Management › Chapter 6211 - ALLOWABLE COST REIMBURSEMENT FOR NON-STATE OPERATED INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY › MOVEMENT OF FUNDS › Section 6211.132 - Documentation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Agencies
					 requesting the movement of funds shall submit revised program budget pages to
					 the Department for affected programs.
(b) For programs affected by the change with
					 standard interim rates, a program budget page is not required. The agency shall
					 document to the Department the change in the total projected operating cost as
					 a result of the movement of funds.
The provisions of this §
													6211.132 amended under sections
						  201(2), 403(b) and 403.1 of the Public Welfare Code (code) (62 P.S.
						  §§
														201(2),
						  403(b) and 403.1), as amended
						  by the act of June 30, 2011, (P.L. 80, No. 22) (Act
						  22).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart C - Administration and Fiscal Management › Chapter 6211 - ALLOWABLE COST REIMBURSEMENT FOR NON-STATE OPERATED INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY › MOVEMENT OF FUNDS › Section 6211.133 - Related procedures

Current through Register Vol. 54, No. 28, July 13, 2024
The Department will not process gross adjustments as a
						result of an approved request to move funds across programs and revised interim
						rates will not be issued.
The provisions of this §
													6211.133 amended under sections
						  201(2), 403(b) and 403.1 of the Public Welfare Code (code) (62 P.S.
						  §§
														201(2),
						  403(b) and 403.1), as amended
						  by the act of June 30, 2011, (P.L. 80, No. 22) (Act
						  22).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart C - Administration and Fiscal Management › Chapter 6211 - ALLOWABLE COST REIMBURSEMENT FOR NON-STATE OPERATED INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY › MOVEMENT OF FUNDS › Section 6211.134 - Cost reporting

Current through Register Vol. 54, No. 28, July 13, 2024
Cost reporting on the form specified by the Department
						shall be individualized for each certified program. At the time of tentative
						and final settlements, settlement amounts will be issued for each certified
						program, reflecting the amount either due to or from the Department. Both
						tentative and final cost settlements will incorporate each certified program's
						approved funding level, including any revisions as a result of an approved
						movement of funds request, as specified in §
											6211.131 (relating to conditions
						for movement of funds). Payment amounts to providers at the time of tentative
						cost settlement will be 80% of the amount due to the provider. Collection at
						the time of tentative cost settlement will be 100% of overpayments due to the
						Department. At the time of final cost settlements, amounts will be 100% of
						amounts either due to or from the Department.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart C - Administration and Fiscal Management › Chapter 6211 - ALLOWABLE COST REIMBURSEMENT FOR NON-STATE OPERATED INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY › MOVEMENT OF FUNDS › Section 6211.135 - Rate setting

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Subsequent year's rate setting will be based upon the revised approved levels
					 resulting from requested and approved movement of funds.
(b) Rate setting will use the immediate
					 preceding year as base if a requested movement of funds has been approved, and,
					 therefore, the revised approved funding levels will be reflected in rate
					 setting for the upcoming fiscal year.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart C - Administration and Fiscal Management › Chapter 6250 - COMMITMENT AND ADMISSION PROCEDURES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY › GENERAL PROVISIONS › Section 6250.1 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
The purpose of this chapter is to specify commitment and
						admission procedures for individuals with an intellectual disability.
The provisions of this §
													6250.1 amended under sections
						  201(2) and (8) and 202 of the Mental Health and Intellectual Disability Act of
						  1966 (50 P.S. §§
														4201(2) and
						  (8) and
						  4202).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart C - Administration and Fiscal Management › Chapter 6250 - COMMITMENT AND ADMISSION PROCEDURES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY › GENERAL PROVISIONS › Section 6250.2 - Applicability

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter applies to State Intellectual Disability
						Centers and Intellectual Disability Units at State Mental Health Hospitals.
The provisions of this §
													6250.2 amended under sections
						  201(2) and (8) and 202 of the Mental Health and Intellectual Disability Act of
						  1966 (50 P.S. §§
														4201(2) and
						  (8) and
						  4202).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart C - Administration and Fiscal Management › Chapter 6250 - COMMITMENT AND ADMISSION PROCEDURES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY › GENERAL PROVISIONS › Section 6250.3 - Legal base

Current through Register Vol. 54, No. 28, July 13, 2024
The legal authority for this chapter is
Goldy v.
						Beal
(C. A. No. 75-191, M. D. Pa., October 28, 1976) and section
						201(2) of the Mental Health and Intellectual Disability Act of 1966
						(50
						P.S. §
												4201(2)).
The provisions of this §
													6250.3 amended under sections
						  201(2) and (8) and 202 of the Mental Health and Intellectual Disability Act of
						  1966 (50 P.S. §§
														4201(2) and
						  (8) and
						  4202).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart C - Administration and Fiscal Management › Chapter 6250 - COMMITMENT AND ADMISSION PROCEDURES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY › INVOLUNTARY COMMITMENT PROCEDURES › Section 6250.11 - Determination

Current through Register Vol. 54, No. 28, July 13, 2024
Until new legislation is enacted, and becomes effective,
						commitments of adults with an intellectual disability under section 406 of the
						Mental Health and Intellectual Disability Act of 1966 (50 P.S. §
												4406) may be processed provided that the
						Secretary of Human Services, his agents and assigns, those under his direction,
						and all facility directors may not receive a person committed under section 406
						of the Mental Health and Intellectual Disability Act of 1966 except upon
						judicial determination that the standards in this section are met: A person
						shall be determined to be an individual with an intellectual disability in need
						of residency placement only upon the following findings:
(1) The person is impaired in adaptive
					 behavior to a significant degree and is functioning at an intellectual level
					 two standard deviation measurements below the norm as determined by acceptable
					 psychological testing techniques.
(2) The impairment and the resultant
					 disability were manifested before the person's 18th birthday and are likely to
					 continue for an indefinite period.
(3) The person, because of his intellectual
					 disability, presents a substantial risk of physical injury to himself or
					 physical debilitation as demonstrated by behavior within 30 days of the
					 petition which shows that he is unable to provide for, and is not providing for
					 his most basic need for nourishment, personal and medical care, shelter,
					 self-protection and safety and that provision for such needs is not available
					 and cannot be developed or provided in his own home or in his own community
					 without residential placement.
The provisions of this §
													6250.11 amended under sections
						  201(2) and (8) and 202 of the Mental Health and Intellectual Disability Act of
						  1966 (50 P.S. §§
														4201(2) and
						  (8) and
						  4202).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart C - Administration and Fiscal Management › Chapter 6250 - COMMITMENT AND ADMISSION PROCEDURES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY › ADMISSION PROCEDURES FOR JUVENILES › Section 6250.22 - Notice

Current through Register Vol. 54, No. 28, July 13, 2024
Juveniles aged 13 and older shall be given the following
						notice:
RIGHTS OF CHILDREN UNDER
SECTIONS 402 AND 403 OF THE MENTAL
						HEALTH
AND INTELLECTUAL DISABILITY ACT OF
						1966
You have currently been admitted to the
						______________________________________ Institution for observation and
						treatment. This voluntary admission procedure was instituted by
						______________________________________ or _________________________ (date). You
						can call the applicant at Telephone Number ____________ or you can write the
						applicant at _________________________ . The purpose in having you admitted to
						this facility is to help you overcome problems you are experiencing and to
						return you to the community as soon as possible. Before we accepted you, you
						must realize that a (circle which one) psychiatric, medical, or psychological
						opinion was given to us by _________________________ . Also, the Director of
						this Institution had a (circle which one) psychiatric, medical, or
						psychological examination conducted so that he could be thoroughly apprised and
						certain that you could benefit in receiving care and treatment at this
						Institution.
If you object to remaining in this Institution, you are
						advised that we shall contact the Public Defender's Office or make other
						suitable arrangements to obtain legal counsel for you. We will provide you with
						the telephone number of the attorney who has been contact on your behalf. We
						will require 2 working days from date of your objection to remain, in order to
						make certain that you will be afforded counsel. At the same time, the Director,
						or his delegate, of this Institution shall notify the applicant of his desire
						to require your hospitalization for your benefit.
A member of our staff shall explain this written letter
						to you and we ask you to sign it, which will evidence that you have a copy of
						this letter and that it has been explained to you in detail. In the event that
						you have any questions, you can direct them to the person who is explaining
						this document to you or you may contact this office.
						______________________________________
______________________________________
______________________________________
______________________________________
______________________________________
Superintendent's Signature
______________________________________
Resident's Signature
______________________________________
Staff Member Signature
Giving Notice Resident
The provisions of this §
													6250.22 amended under sections
						  201(2) and (8) and 202 of the Mental Health and Intellectual Disability Act of
						  1966 (50 P.S. §§
														4201(2) and
						  (8) and
						  4202).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Article II - Funding › Chapter 6350 - FAMILY RESOURCE SERVICES › GENERAL PROVISIONS › Section 6350.1 - Introduction

Current through Register Vol. 54, No. 28, July 13, 2024
The Family Resource Services (FRS) Program is designed
						  to offer a variety of services to the family which has a family member with an
						  intellectual disability living within the community, as well as to individuals
						  with an intellectual disability who reside in community settings. The intent of
						  the FRS Program is to reduce the need for institutionalization. The primary
						  purpose of the FRS Program is:
(1) To
						provide adequate resources within the community to enable the family with a
						family member with an intellectual disability to maintain that member at home
						with minimal stress or disruption to the family unit.
(2) To provide adequate resources within the
						community to enable the individual with an intellectual disability to remain in
						a family context in a community setting, thus leading as normal a life as
						possible.
The provisions of this §
														6350.1 amended under sections
							 201(2) and (8) and 202 of the Mental Health and Intellectual Disability Act of
							 1966 (50 P.S. §§
															4201(2) and
							 (8) and
							 4202).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Article II - Funding › Chapter 6350 - FAMILY RESOURCE SERVICES › GENERAL PROVISIONS › Section 6350.2 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter specifies requirements for family resource
						  services.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Article II - Funding › Chapter 6350 - FAMILY RESOURCE SERVICES › GENERAL PROVISIONS › Section 6350.3 - Applicability

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter applies to county mental health and
						  intellectual disability programs.
The provisions of this §
														6350.3 amended under sections
							 201(2) and (8) and 202 of the Mental Health and Intellectual Disability Act of
							 1966 (50 P.S. §§
															4201(2) and
							 (8) and
							 4202).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Article II - Funding › Chapter 6350 - FAMILY RESOURCE SERVICES › GENERAL PROVISIONS › Section 6350.4 - Legal base

Current through Register Vol. 54, No. 28, July 13, 2024
The legal authority for this chapter is sections 201,
						  301, 305, 506 and 509 of the Mental Health and Intellectual Disability Act of
						  1966 (50 P.S. §§
													4201,
						  4301,
						  4305,
						  4506 and
						  4509).
The provisions of this §
														6350.4 amended under sections
							 201(2) and (8) and 202 of the Mental Health and Intellectual Disability Act of
							 1966 (50 P.S. §§
															4201(2) and
							 (8) and
							 4202).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Article II - Funding › Chapter 6350 - FAMILY RESOURCE SERVICES › PROGRAM COSTS › Section 6350.11 - Funding

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Funding of the
						Family Resource Services (FRS) Program is based upon the 90% State/10% county
						matching formula.
(b) FRS funds may
						be utilized only to pay for eligible services.
(c) FRS funds may not be utilized to
						subsidize regular day programs, such as vocational, educational, day
						care.
(d) FRS funds may not be
						utilized to cover the direct costs of staff salaries; however, an agency which
						is program-funded by the County Mental Health/Intellectual Disability (MH/ID)
						Office to provide FRS-eligible services may include the costs of staff salaries
						in its charges to the County MH/ID Office for the provision of those services
						for which it is program-funded.
The provisions of this §
														6350.11 amended under sections
							 201(2) and (8) and 202 of the Mental Health and Intellectual Disability Act of
							 1966 (50 P.S. §§
															4201(2) and
							 (8) and
							 4202).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Article II - Funding › Chapter 6350 - FAMILY RESOURCE SERVICES › PROGRAM COSTS › Section 6350.12 - Determination of liability

Current through Register Vol. 54, No. 28, July 13, 2024
The determination of liability for costs of services
						  rendered is made under Chapter 4305 (relating to client liability-community
						  services).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Article II - Funding › Chapter 6350 - FAMILY RESOURCE SERVICES › PROGRAM COSTS › Section 6350.13 - Collection of costs

Current through Register Vol. 54, No. 28, July 13, 2024
Payment for and collection of costs for Family Resource
						  Services (FRS) Program services shall be made with county procedures consistent
						  with section 506 of the Mental Health and Intellectual Disability Act of 1966
						  (50
						  P.S. §
													4506).
The provisions of this §
														6350.13 amended under sections
							 201(2) and (8) and 202 of the Mental Health and Intellectual Disability Act of
							 1966 (50 P.S. §§
															4201(2) and
							 (8) and
							 4202).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Article II - Funding › Chapter 6350 - FAMILY RESOURCE SERVICES › PROGRAM COSTS › Section 6350.14 - Charges

Current through Register Vol. 54, No. 28, July 13, 2024
The charges to clients and legally responsible
						  relatives shall not exceed the verified going rate for similar services to
						  persons without a disability. In those situations in which no local prevailing
						  fee exists, costs of such services may be negotiated between the County Mental
						  Health/Intellectual Disability (MH/ID) Program and the service provider. The
						  difference between the actual cost and liability, if any, shall be borne by the
						  County MH/ID Program.
The provisions of this §
														6350.14 amended under sections
							 201(2) and (8) and 202 of the Mental Health and Intellectual Disability Act of
							 1966 (50 P.S. §§
															4201(2) and
							 (8) and
							 4202).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Article II - Funding › Chapter 6350 - FAMILY RESOURCE SERVICES › PROGRAM COSTS › Section 6350.15 - Liability insurance for service providers

Current through Register Vol. 54, No. 28, July 13, 2024
Liability insurance for providers of services funded
						  through the Family Resource Services Program is handled under current
						  Department policy which covers the issue of liability insurance for the
						  provision of community-based mental health and intellectual disability
						  services.
The provisions of this §
														6350.15 amended under sections
							 201(2) and (8) and 202 of the Mental Health and Intellectual Disability Act of
							 1966 (50 P.S. §§
															4201(2) and
							 (8) and
							 4202).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Article II - Funding › Chapter 6350 - FAMILY RESOURCE SERVICES › PROGRAM COSTS › Section 6350.16 - Waiver option

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						Department's regional directors for the office of developmental programs may,
						in special situations, waive specific provisions within this chapter which
						govern the Family Resource Services (FRS) Program when an identified need for
						an FRS-eligible service cannot be met because of a restriction imposed by this
						chapter. This waiver option does not apply to Chapter 4305 (relating to
						liability for community mental health and intellectual disability
						services).
(b) The request for a
						waiver of a provision of this chapter shall be consistent with the philosophy
						and intent of the FRS Program and shall relate to an FRS-eligible
						service.
(c) The County Mental
						Health/Intellectual Disability (MH/ID) Administrator shall submit a written
						request to the appropriate Department's regional commissioner for intellectual
						disability to have a specific provision of this chapter waived for a specific
						situation.
(d) The written request
						shall include documentation which explains why it is necessary to have a
						provision of this chapter waived.
(e) The request shall be for a specific
						situation and involve a specific person or group of persons to be served for a
						specific period of time.
(f) The
						Department's regional commissioner for the office of developmental programs
						shall submit to the county mental health and intellectual disability
						administrator written notification of the approval or disapproval of the
						request for a waiver prior to the implementation of the service.
(g) Copies of requests and decisions related
						to the waiver option shall be submitted to the central office of developmental
						programs for review.
The provisions of this §
														6350.16 amended under sections
							 201(2) and (8) and 202 of the Mental Health and Intellectual Disability Act of
							 1966 (50 P.S. §§
															4201(2) and
							 (8) and
							 4202).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Article II - Funding › Chapter 6350 - FAMILY RESOURCE SERVICES › SERVICE AREAS › Section 6350.21 - Respite care

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Family
						Resource Services (FRS) funds shall be made available for respite care services
						at the following places:
(1) The home or place
						of residence of an individual with an intellectual disability.
(2) The home of a family that the county
						mental health and intellectual disability office has approved. The "host"
						family may offer respite care to no more than two individuals with an
						intellectual disability at one time.
(3) If the individual with an intellectual
						disability is in need of medical care and supervision, an approved medical
						facility such as a general hospital or nursing home may be utilized. For a
						facility to be used for respite care, the county mental health and intellectual
						disability office or its designate shall document the medical needs of the
						individual with an intellectual disability, and the county mental health and
						intellectual disability administrator shall give approval of the individual's
						with an intellectual disability placement in a medical facility.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Article II - Funding › Chapter 6350 - FAMILY RESOURCE SERVICES › SERVICE AREAS › Section 6350.22 - Family aid

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This service
						shall provide relief lasting less than 24 hours in any one time period. This
						resource is available to families who previously have not been able to obtain
						"sitter" type service because the family member has an intellectual
						disability.
(b) Each family aide
						shall be approved by the county mental health and intellectual disability
						office after successful completion of a training program before working as a
						family aide.
(1) A portion of Family Resources
						Services (FRS) money may be set aside for basic training for those persons who
						will function as family aides.
(2)
						Follow-up training must be provided no less than once a year.
(3) The family aides may be paid while
						attending training sessions.
(4)
						The training program must be approved by the county mental health and
						intellectual disability office.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Article II - Funding › Chapter 6350 - FAMILY RESOURCE SERVICES › SERVICE AREAS › Section 6350.23 - Homemaker services

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						primary functions of homemaker services are to provide adult care and
						supervision for individuals with an intellectual disability and other members
						of the family within the home when the adults regularly responsible are unable
						to provide them, and to provide training in proper home management. The
						homemaker not only provides personal care but also insures that regular daily
						homemaking and housekeeping tasks are performed. These services are also
						available to adults with an intellectual disability who are living
						independently in the community.
(b)
						The homemaker's responsibilities may include, but are not limited to, any
						combination of the following:
(1) Household
						chores, such as cleaning, cooking, meal planning, laundry, ironing, and
						marketing.
(2) Personal care of
						dependent children-not limited to the family member with an intellectual
						disability.
(3) Budgeting or money
						management, or both.
(4)
						Instructing the family members or the individual with an intellectual
						disability, or both, in how to perform homemaking duties more effectively and
						efficiently.