reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 20 - FAMILY CAREGIVER SUPPORT PROGRAM › REIMBURSEMENT BENEFITS › Section 20.43 - Home modifications

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Preapproval.
Area agencies on aging shall develop a system for
				  the preapproval of home modifications to be authorized for reimbursement
				  benefits. The system shall require all approved home modifications to be in
				  response to specific details noted in the caregiver's assessment and care plan.
				  The system may include standards for controlling the expenditure of available
				  funding for this purpose in a way that optimizes the distribution of these
				  funds to the most caregivers with the greatest need for home
				  modifications.
(b)
Property
				  ownership.
(1) The area agency on
				  aging may approve reimbursement for a home modification of a property owned by
				  the caregiver family without regard for whether the caregiver or the
				  carereceiver is the owner of the property.
(2) An area agency may approve reimbursement
				  of a home modification of rented property at the agency's discretion if the
				  following minimum standards are observed:
(i)
				  The area agency shall determine that there is a reasonable expectation that the
				  family, including the caregiver, will continue to live in the home in the
				  foreseeable future.
(ii) The
				  caregiver shall secure the permission of the owner before the area agency on
				  aging grants preapproval for the home modification.
(iii) The permission obtained from the owner
				  shall indicate whether the owner will or will not require the home to be
				  returned to its original state when the caregiver family moves out. In some
				  cases, this indication may be a major factor related to area agency on aging
				  approval of the requested home modification. Program funds may not be used for
				  restoring the home to its original state if the owner requires it. In some
				  cases, restoration by the caregiver may be possible without additional
				  funding.
(iv) Major modifications
				  shall only be approved with the highest discretion with regard to caregiver
				  need and the availability of funding.
(v) The documentation maintained by the area
				  agency on aging of an approval of a modification of rented property shall
				  indicate that the minimum standards of this paragraph have been observed and
				  shall state the area agency's rationale for approving the
				  reimbursement.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 20 - FAMILY CAREGIVER SUPPORT PROGRAM › REIMBURSEMENT BENEFITS › Section 20.44 - Assistive devices

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Preapprovals.
Area agencies on aging shall develop a system of
				  preapproval of reimbursable purchases of assistive devices. An area agency on
				  aging shall take appropriate steps to determine the availability of other
				  funding-such as Medicare or Medical Assistance, or local charitable
				  organizations-before authorizing the purchase of assistive devices.
(b)
Leased equipment.
If the
				  area agency on aging determines that a caregiver-requested assistive device may
				  be leased at a potential saving to the Program, the area agency on aging shall
				  limit reimbursement to the costs of leasing rather than the purchase of the
				  equipment.
(c)
Return of
				  assistive devices.
When an assistive device purchased under the
				  Program is no longer needed in the caregiving situation, the area agency on
				  aging shall encourage the family to return it to the area agency on aging for
				  use with future clients of the Program.
This section cited in 6 Pa. Code §
												20.21 (relating to eligibility for
						Program benefits); and 6 Pa. Code §
												20.22 (relating to conditions of
						participation).
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 20 - FAMILY CAREGIVER SUPPORT PROGRAM › REIMBURSEMENT BENEFITS › Section 20.45 - Program violations and penalties

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Violations.
Caregivers
				  who receive services under the Program are subject to the administrative
				  actions and penalties under this section if they commit one or more of the
				  following acts:
(1) Making or causing to be
				  made a false statement or representation of a material fact relating to
				  information affecting eligibility for the benefits of the Program.
(2) Submitting false or fraudulent
				  documentation of caregiving expenses for which reimbursement is sought or
				  received.
(3) Violating this
				  chapter, including a provision which affects the eligibility status of the
				  primary caregiver, the payment of reimbursement benefits under this chapter or
				  the refusal to provide requested documentation of eligibility-related
				  information as provided under §
											20.22 (relating to conditions of
				  participation).
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 20 - FAMILY CAREGIVER SUPPORT PROGRAM › OTHER PROVISIONS › Section 20.61 - Entitlement

Current through Register Vol. 54, No. 28, July 13, 2024
The act does not create or provide an individual with an
					 entitlement to services or benefits under this chapter. As provided in section
					 6 of the act (62 P. S. §
											3066), it is
					 the intent of the General Assembly that services under the act shall be made
					 available only to the extent of the availability and level of appropriations
					 made by the General Assembly.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 20 - FAMILY CAREGIVER SUPPORT PROGRAM › OTHER PROVISIONS › Section 20.62 - Waivers

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department
				  may for justifiable reasons, 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 create a negative impact upon the participation of a
				  caregiver family in the Program or otherwise compromise the intent of this
				  chapter. The Department will not waive 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 prevent a negative impact upon the
				  participation of caregiver families in the Program.
(c) An exception granted under this chapter
				  may be revoked by the Department 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 the written notice of
				  revocation and the date of termination of an exception for the agency to come
				  into compliance with the applicable provision of this chapter.
(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 notification of
				  adverse action.
This section cited in 6 Pa. Code §
												20.42 (relating to ongoing
						caregiving expenses).
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 21 - DOMICILIARY CARE SERVICES FOR ADULTS › GENERAL PROVISIONS › Section 21.3 - Waivers

Current through Register Vol. 54, No. 28, July 13, 2024
The Department may grant waivers on provisions in this
					 chapter which are not required by Federal, State or local laws. A request for a
					 waiver shall be submitted in accordance with, and meet the standards provided
					 in, the generic policies and procedures for requesting waivers as provided by
					 the Department in the applicable Aging Program directive. In making decisions
					 regarding waiver requests, the Department will consider: whether the objective
					 of the policy in question will be achieved through granting the waiver, how
					 older people will benefit from approval of the waiver, public input-such as
					 public hearings-regarding the issue in question, and other information which
					 would support a waiver request.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 21 - DOMICILIARY CARE SERVICES FOR ADULTS › GENERAL PROVISIONS › Section 21.4 - Nondiscrimination

Current through Register Vol. 54, No. 28, July 13, 2024
Domiciliary care service shall be provided in accordance
					 with Title VI, Section 601, of the Civil Rights Act of 1964 (42 U.S.C.A. §
											2000d), section 504 of the Rehabilitation Act
					 of 1973 (29 U.S.C.A. §
											706), the Age Discrimination Act of 1975
					 (42 U.S.C.A. §§
											6101-6107) and the Pennsylvania Human
					 Relations Act (43 P. S. §§
											951-963).
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 21 - DOMICILIARY CARE SERVICES FOR ADULTS › GENERAL PROVISIONS › Section 21.5 - Service goals

Current through Register Vol. 54, No. 28, July 13, 2024
The following are the goals of domiciliary care
					 service:
(1) To provide supportive,
				  homelike, community-based living arrangements for adults who cannot live
				  independently in the community.
(2)
				  To encourage and assist clients in developing and maintaining maximum
				  initiative and self-determination in a homelike setting.
(3) To provide an alternative to
				  institutionalization, and to help adults remain in the community or to return
				  to the community and, if possible, to their own homes.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 21 - DOMICILIARY CARE SERVICES FOR ADULTS › ELIGIBILITY DETERMINATION, CERTIFICATION AND APPLICATION PROCESSES › Section 21.21 - Eligibility for domiciliary care service

Current through Register Vol. 54, No. 28, July 13, 2024
(a) To receive domiciliary care service, an
				  applicant shall meet the following criteria as determined by the appropriate
				  AAA:
(1) Be a resident of this Commonwealth
				  and 18 years of age or older.
(2)
				  Be independently mobile or semimobile.
(3) Not require skilled or intermediate
				  nursing care, or general or special hospital care on a 24-hour residential
				  basis.
(4) Have no relative, or
				  other person whose relationship with the applicant is important to the
				  applicant's continued well-being, willing or able to provide the necessary
				  support for independent living.
(5)
				  Be incapable of living alone regardless of available services, or require
				  services to live alone and the services are not available.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 21 - DOMICILIARY CARE SERVICES FOR ADULTS › ELIGIBILITY DETERMINATION, CERTIFICATION AND APPLICATION PROCESSES › Section 21.22 - Eligibility for the domiciliary care supplement

Current through Register Vol. 54, No. 28, July 13, 2024
To receive the domiciliary care supplement, an applicant
					 shall meet the following criteria:
(1)
				  Be eligible for SSI, as determined by the appropriate Social Security District
				  Office and verified by the CAO, or be receiving SSI, as verified by the
				  appropriate CAO, or have personal income less than the combined Federal-State
				  payment level for domiciliary care, as determined by the appropriate CAO under
				  55 Pa. Code Chapter 299 (relating to suplemental security income program and
				  State supplementary payment program).
(2) Be eligible for domiciliary care service,
				  as determined by the appropriate AAA.
(3) Be residing in or awaiting immediate
				  placement into a domiciliary care home in which the provider is not a relative
				  of the client.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 21 - DOMICILIARY CARE SERVICES FOR ADULTS › ELIGIBILITY DETERMINATION, CERTIFICATION AND APPLICATION PROCESSES › Section 21.23 - Application process for domiciliary care service and the domiciliary care supplement

Current through Register Vol. 54, No. 28, July 13, 2024
The following procedure shall be used for determining the
					 eligibility of an applicant for domiciliary care service and making payment for
					 the domiciliary care supplement:
(1)
				  The application process includes activity relating to a request by an applicant
				  for an eligibility determination. It begins with the receipt of an application
				  by an AAA and continues until there is a determination of eligibility or
				  ineligibility.
(2) The applicant is
				  responsible for:
(i) Initiating, completing
				  and signing necessary application forms as promulgated by the Department and
				  the Department of Public Welfare.
(ii) Participating in an assessment interview
				  with the AAA.
(iii) Sending
				  required application forms to the appropriate AAA.
(iv) Promptly notifying the appropriate AAA
				  of changes in circumstances that may affect continued eligibility for
				  domiciliary care service or the domiciliary care supplement.
(v) Contacting the appropriate Social
				  Security District Office to place an application for SSI if the applicant is
				  applying for SSI at the same time the applicant is applying for domiciliary
				  care service.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 21 - DOMICILIARY CARE SERVICES FOR ADULTS › ELIGIBILITY DETERMINATION, CERTIFICATION AND APPLICATION PROCESSES › Section 21.24 - Redetermination of eligibility

Current through Register Vol. 54, No. 28, July 13, 2024
The following procedure will be used to redetermine the
					 eligibility of clients for domiciliary care service and the domiciliary care
					 supplement.
(1) Clients are
				  responsible for:
(i) Requesting a
				  redetermination appointment with the AAA and arranging for the completion of
				  necessary redetermination forms upon notification from the CAO, through the
				  AAA, of an annual redetermination of eligibility for the domiciliary care
				  supplement.
(ii) Promptly notifying
				  the AAA regarding a change in circumstances which may affect one's eligibility
				  for domiciliary care service or the domiciliary care supplement.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 21 - DOMICILIARY CARE SERVICES FOR ADULTS › ELIGIBILITY DETERMINATION, CERTIFICATION AND APPLICATION PROCESSES › Section 21.25 - Termination of eligibility for domiciliary care service or the domiciliary care supplement

Current through Register Vol. 54, No. 28, July 13, 2024
The following procedures shall be used to terminate a
					 client's eligibility for domiciliary care service or the domiciliary care
					 supplement, or both:
(1) The AAA is
				  responsible for:
(i) Notifying the CAO of a
				  change in the client's status which requires termination of eligibility for
				  domiciliary care service.
(ii) Upon
				  notifying the client or the designate that the client is no longer eligible for
				  domiciliary care service, notifying the client in writing of the client's right
				  to appeal and receive a fair hearing under §
											21.101 (relating to fair hearings
				  and appeals). Notification shall take place within 20 days of the date the
				  decision was made.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 21 - DOMICILIARY CARE SERVICES FOR ADULTS › ELIGIBILITY DETERMINATION, CERTIFICATION AND APPLICATION PROCESSES › Section 21.26 - Domiciliary care home provider eligibility

Current through Register Vol. 54, No. 28, July 13, 2024
To be eligible to act as a domiciliary care home provider,
					 a prospective provider shall meet the following criteria, as determined by the
					 AAA:
(1) Be a resident of this
				  Commonwealth and 21 years of age or older.
(2) Reside in the domiciliary care home, or
				  reside in the prospective home.
(3)
				  Demonstrate to the AAA, through the application and interview process, that the
				  provider has never been convicted of a crime involving assaultive behavior or
				  moral turpitude and has the experience and capacity to accept persons with
				  physical, mental or age related difficulties, has the willingness and ability
				  to work with the AAA and clients, and has the physical health and stamina to be
				  a provider.
This section cited in 6 Pa. Code §
												21.29 (relating to redetermination
						of provider eligibility and recertification of domiciliary care homes); 6 Pa.
						Code §
												21.52 (relating to AAA service
						responsibilities); 6 Pa. Code §
												21.54 (relating to AAA care plan
						responsibilities); 6 Pa. Code §
												21.55 (relating to AAA placement
						activities); and 6 Pa. Code §
												21.82 (relating to other provider
						responsibilities).
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 21 - DOMICILIARY CARE SERVICES FOR ADULTS › ELIGIBILITY DETERMINATION, CERTIFICATION AND APPLICATION PROCESSES › Section 21.29 - Redetermination of provider eligibility and recertification of domiciliary care homes

Current through Register Vol. 54, No. 28, July 13, 2024
The following process shall be used to redetermine the
					 eligibility of providers and recertify domiciliary care homes:
(1) The provider is responsible for:
(i) Permitting access to the home for the AAA
				  to conduct follow-up interviews and inspections. The AAA may inspect the home
				  to ensure that it complies with this chapter. This inspection shall occur
				  during normal business hours.
(ii)
				  Permitting access to the home for the AAA for emergency visits. These visits
				  may occur anytime and may be based upon a report of a client in need of
				  protective services, investigation of a death or injury to a client or
				  occurrence of an unusual incident.
(iii) Notifying the AAA of a change in the
				  provider's situation or home standards which may affect the eligibility of the
				  provider or certification of the home. The eligibility requirements in
				  §§
											21.26 and
				  21.28 (relating to domiciliary care
				  home provider eligibility; and provider application and home certification
				  process) are of a continuing nature and it is the obligation of the provider to
				  meet these standards on a continuing basis. Failure to comply with this
				  subparagraph renders the provider ineligible.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 21 - DOMICILIARY CARE SERVICES FOR ADULTS › ELIGIBILITY DETERMINATION, CERTIFICATION AND APPLICATION PROCESSES › Section 21.30 - Special program and recertification standards for domiciliary care homes with four or more clients

Current through Register Vol. 54, No. 28, July 13, 2024
(a) For
				  domiciliary care homes with four or more clients, the following special
				  building recertification standards apply. Domiciliary care homes with four or
				  more clients shall meet the home recertification standards in this section in
				  lieu of the standards in §
										21.27 (relating to domiciliary care
				  home certification and recertification standards).
(1) Domiciliary care homes with four to eight
				  clients shall meet the standards for small group homes in 34 Pa. Code Chapter
				  56 (relating to division C-3 small group habitation) and shall provide
				  verification of inspection and approval by the Department of Labor and Industry
				  under 34 Pa. Code Chapter 49 (relating to administration-buildings) before
				  recertification is granted by the AAA.
(2) Domiciliary care homes with nine or more
				  clients shall meet the standards for large facilities in 34 Pa. Code Chapter 55
				  (relating to division C-2 hotels, motels, apartment buildings, etc.) and shall
				  provide verification of inspection and approval by the Department of Labor and
				  Industry under 34 Pa. Code Chapter 49 before recertification is granted by the
				  AAA.
(3) Homes located in
				  Philadelphia, Pittsburgh or Scranton shall provide verification of inspection
				  and approval in accordance with the Occupancy and Fire Safety Codes of the
				  appropriate city.
(4) Prior to
				  recertification by the AAA, the home shall provide verification that
				  remodeling, reconstruction or substantial alteration to the domiciliary care
				  home has been done in accordance with plans approved by the Department of Labor
				  and Industry under 34 Pa. Code Chapter 49.
(5) There shall be at least one operational
				  bathroom, having a toilet, sink and tub or shower, for every eight
				  clients.
(6) When the home consists
				  of a cluster of living units rather than a single living unit, the clustered
				  living units shall be in physical proximity, and each unit shall conform to the
				  applicable sections of this chapter.
(7) No domiciliary care home may have more
				  than 13 clients residing within it.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 21 - DOMICILIARY CARE SERVICES FOR ADULTS › ELIGIBILITY DETERMINATION, CERTIFICATION AND APPLICATION PROCESSES › Section 21.31 - Provisional certifications

Current through Register Vol. 54, No. 28, July 13, 2024
The AAA may grant provisional certification of a
					 domiciliary care home if the home is in substantial compliance with this
					 chapter so that the health and safety of clients are not endangered.
					 Provisional certification may not exceed 90 days and can only be granted
					 subject to an agreement with the provider that the domiciliary care home shall
					 meet the standards prescribed in §
										21.27 (relating to domiciliary care
					 home certification and recertification standards) by the end of the 90-day
					 period. The AAA may place a provisionally certified home on the central
					 registry of certified homes so that placements may begin in that
					 home.
This section cited in 6 Pa. Code §
												21.52 (relating to AAA service
						responsibilities).
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 21 - DOMICILIARY CARE SERVICES FOR ADULTS › ELIGIBILITY DETERMINATION, CERTIFICATION AND APPLICATION PROCESSES › Section 21.32 - Joint certifications

Current through Register Vol. 54, No. 28, July 13, 2024
(a) For
				  homes which are jointly certified on or after January 6, 1990 or had been
				  jointly certified prior to January 6, 1990 and had a certified capacity of
				  three or fewer total clients, the following applies: The AAA may not conduct
				  placement activities which result in more than three clients or residents
				  unrelated to the provider, including clients of other certifying or licensing
				  agencies, residing in one home at one time.
(b) A jointly-certified home which has a
				  certified capacity of four or more total clients prior to January 6, 1990 may
				  continue to operate with more than three clients, if applicable State and local
				  laws are observed in conjunction with this chapter.
This section cited in 6 Pa. Code §
												21.52 (relating to AAA service
						responsibilities).
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 21 - DOMICILIARY CARE SERVICES FOR ADULTS › ELIGIBILITY DETERMINATION, CERTIFICATION AND APPLICATION PROCESSES › Section 21.33 - Decertification of domiciliary care homes and removal of provider eligibility

Current through Register Vol. 54, No. 28, July 13, 2024
The AAA shall notify the provider in writing of the
					 provider's right to appeal and receive a fair hearing under Chapter 3 (relating
					 to fair hearings and appeals), if the home has been decertified or if the
					 provider has been determined to be ineligible. Grounds for decertification of a
					 domiciliary care home or removal of provider eligibility are specified in
					 §
										21.55(q) (relating
					 to AAA placement activities).
This section cited in 6 Pa. Code §
												21.52 (relating to AAA service
						responsibilities).
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 21 - DOMICILIARY CARE SERVICES FOR ADULTS › DEPARTMENT OF AGING RESPONSIBILITIES › Section 21.41 - Departmental responsibilities

Current through Register Vol. 54, No. 28, July 13, 2024
The Department is responsible for the following activities
					 under this chapter:
(1) To develop
				  regulations and to supervise and administer domiciliary care service on the
				  State level under section 2203-A(16) and (19) of The Administrative Code of
				  1929 (71 P. S. §
											581-3(16) and
				  (19)).
(2) To provide technical assistance to AAAs
				  and other community organizations and persons regarding domiciliary care
				  service.
(3) To issue program
				  directives, forms and assessment instruments under this chapter.
(4) To monitor and evaluate AAAs with regard
				  to the provision of domiciliary care service.
(5) To conduct hearings and appeals regarding
				  domiciliary care service under Chapter 3 (relating to fair hearings and
				  appeals).
(6) To determine the
				  monthly dollar amount which clients shall pay to providers for domiciliary care
				  provider services. The determination shall be issued at least annually by the
				  Department through the Department's program directive process, based on the
				  annual cost of living increase to clients who receive SSI. Increases will
				  normally be apportioned so that 82% of the client's total monthly domiciliary
				  care payment-that is, the Federal SSI payment plus the State supplement plus
				  the domiciliary care supplement-is given as a monthly fee to the provider, and
				  18% retained by the client, although the Department may revise this
				  distribution if warranted by economic circumstances. Private-pay clients in the
				  domiciliary care program shall pay the same monthly dollar amount to the
				  provider as do the clients who are SSI recipients.
(7) To act as the standard-setting authority
				  for domiciliary care service under 45 CFR Part 1397 (relating to standard
				  setting requirements for medical and nonmedical facilities where SSI recipients
				  reside) and to work with the Department of Public Welfare for enforcement of
				  the standards set for domiciliary care homes in accordance with established
				  procedures.
This section cited in 6 Pa.B. §
												21.54 (relating to AAA care plan
						responsibilities); and 6 Pa. Code §
												21.92 (relating to client
						responsibilities).
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 21 - DOMICILIARY CARE SERVICES FOR ADULTS › AAA RESPONSIBILITIES › Section 21.52 - AAA service responsibilities

Current through Register Vol. 54, No. 28, July 13, 2024
Specific service activities to be performed by AAAs
					 providing domiciliary care service include, but are not limited to, the
					 following:
(1) Determining client
				  eligibility under §
										21.21 (relating to eligibility for
				  domiciliary care service).
(2)
				  Placing clients, with their informed consent or the consent of their legal
				  guardian, in domiciliary care homes suited to their individual needs.
(3) Performing the eligibility and home
				  certification activities as prescribed in §§ 21.23-21.33.
(4) Maintaining ongoing contact-as set forth
				  in §
										21.54 (relating to AAA care plan
				  responsibilities)-with clients placed in domiciliary care homes to assure
				  adequacy of care and appropriateness of placement.
(5) Identifying prospective domiciliary care
				  home providers who are qualified under §
										21.26 (relating to domiciliary care
				  home provider eligibility) and arranging for their training. The training shall
				  be based on course materials as required by the Department and shall ensure
				  that providers achieve competencies through educational programs which include
				  the following:
(i) Major health problems of
				  older persons.
(ii) Accident
				  prevention.
(iii)
				  Nutrition.
(iv) The psychology of
				  aging.
(v) Interpersonal
				  communication.
(vi) General
				  principles of cleanliness and hygiene.
(vii) Recognition and response to crises and
				  emergency situations.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 21 - DOMICILIARY CARE SERVICES FOR ADULTS › AAA RESPONSIBILITIES › Section 21.53 - AAA client and applicant related activities

Current through Register Vol. 54, No. 28, July 13, 2024
Specific client and applicant related activities to be
					 performed by AAAs providing domiciliary care service include, but are not
					 limited to, the following:
(1) The AAA
				  shall actively engage in information and referral efforts to identify adults in
				  need of domiciliary care service and shall maintain contact with community
				  resources which will facilitate the identification of adults in need-for
				  example, clergy, physicians and civic organizations.
(2) The AAA shall make available information
				  on domiciliary care service to community agencies and shall encourage and
				  assist these agencies in the identification of adults in need of domiciliary
				  care.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 21 - DOMICILIARY CARE SERVICES FOR ADULTS › AAA RESPONSIBILITIES › Section 21.54 - AAA care plan responsibilities

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  AAA shall be responsible for the development and implementation of a plan of
				  care for each domiciliary care client.
(b) The care plan shall be developed in
				  consultation with the client and shall be signed by the client or the
				  designate, if appropriate, and the provider indicating their agreement with the
				  plan.
(c) The care plan shall
				  indicate problems or needs identified, desired outcomes (long and short term
				  goals), services or providers (informal or formal), pattern of service delivery
				  and follow-up monitoring and reassessment updates.
(d) Arrangements for service to supplement
				  service given by the provider shall be prescribed in the care plan and may be
				  made by the AAA directly or by referral to another agency. The purpose of the
				  supplemental service shall be to address special client needs which provide the
				  support necessary for the client to be maintained in the domiciliary care
				  home.
(e) The AAA shall orient the
				  provider to the client's care plan, secure the provider's approval and furnish
				  the provider with a copy of the plan.
(f) When the care plan is carried out by an
				  agency other than the AAA, that agency shall, with the concurrence of the AAA,
				  modify the care plan as required. This modification may include specification
				  of the client's role in providing for or assisting with laundry or meal service
				  as specified in §
										21.74 (relating to basic
				  furnishings).
(g) When the care
				  plan is carried out by an agency other than the AAA, the AAA shall monitor as
				  necessary to insure that the care plan is being implemented.
(h) When an agency other than an AAA has the
				  primary care plan responsibility for a client, and the home in which that
				  client resides or is to be placed is operating under a joint certification
				  between the AAA and the agency with primary care plan responsibility, the
				  provider residency requirements in §§
										21.26(2) and
				  21.27(b) (relating
				  to domiciliary care home provider eligibility; and domiciliary care home
				  certification and recertification standards) and determinations regarding the
				  apportionment of payments by clients to providers made in accordance with
				  §
										21.41(6) (relating
				  to Departmental responsibilities) are not applicable.
This section cited in 6 Pa. Code §
												21.52 (relating to AAA service
						responsibilities); 6 Pa. Code §
												21.60 (relating to recordkeeping);
						6 Pa. Code §
												21.74 (relating to basic
						furnishings); and 6 Pa. Code §
												21.76 (relating to personal care
						responsibilities).
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 21 - DOMICILIARY CARE SERVICES FOR ADULTS › AAA RESPONSIBILITIES › Section 21.55 - AAA placement activities

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Limitation.
(1) In a home
				  which is certified on or after January 6, 1990 or which had a certified
				  capacity of three or fewer clients under a certification or recertification
				  made prior to January 6, 1990, the AAA shall conduct its placement activities
				  so that no more than three clients reside in the home at one time.
(2) A domiciliary care home which had a
				  certified capacity of four or more clients prior to January 6, 1990 may
				  continue to operate with more than three clients, if applicable State and local
				  laws are observed in conjunction with the applicable sections of this
				  chapter.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 21 - DOMICILIARY CARE SERVICES FOR ADULTS › AAA RESPONSIBILITIES › Section 21.56 - Central registry of certified homes

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  The AAA shall develop and maintain a registry of certified domiciliary care
				  homes within the PSA.
(b) The
				  registry shall contain the following information for each home:
(1) The name, address and telephone number of
				  each provider.
(2) The dates of
				  inspection, certification or recertification and follow-up visits.
(3) The written record of the information
				  obtained from the interview with the provider conducted under §
											21.28(3)(vi)
				  (relating to provider application and home certification process) and
				  inspection of the home.
(4) The
				  total resident capacity.
(5) The
				  number of clients presently placed in home and dates of placement.
(6) The name of the agency and person
				  responsible for follow-up.
(7)
				  Other information determined necessary and useful, such as a record of unusual
				  incident reports.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 21 - DOMICILIARY CARE SERVICES FOR ADULTS › AAA RESPONSIBILITIES › Section 21.57 - Domiciliary care review team

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				  domiciliary care review team shall be established by the AAA which shall
				  consist of at least one person from the AAA, one person from the CAO and one
				  person from the county mental health/mental retardation program. A
				  representative from another agency, such as Office for the Visually
				  Handicapped, may be included at the determination of the AAA.
(b) The AAA may utilize its existing advisory
				  council as the domiciliary care review team if the membership of the advisory
				  council meets the standards in subsection (a).
(c) The domiciliary care review team shall
				  meet as often as the AAA deems necessary. Minutes of domiciliary care review
				  team meetings shall be maintained on file by the AAA.
(d) The domiciliary care review team shall be
				  used to handle complaints or appeals from providers, prospective providers,
				  applicants and clients.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 21 - DOMICILIARY CARE SERVICES FOR ADULTS › AAA RESPONSIBILITIES › Section 21.58 - Staffing responsibilities for AAAs providing domiciliary care

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The AAA shall
				  have paid staff sufficient in number and qualifications to carry out the
				  responsibilities required by this chapter. These responsibilities shall
				  include, but not be limited to, the following:
(1) Prompt assessment of
				  applicants.
(2) Prompt inspection
				  of homes and ongoing assessment of providers.
(3) Necessary contact with referral agencies
				  and community resources.
(4)
				  Monitoring of agencies assigned responsibility for service plan development
				  including the placement of adults in domiciliary care homes, implementation and
				  follow-up.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 21 - DOMICILIARY CARE SERVICES FOR ADULTS › AAA RESPONSIBILITIES › Section 21.60 - Recordkeeping

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Confidentiality.
(1) Client
				  record information is confidential and may not be disclosed or made use of,
				  directly or indirectly, except in the legitimate performance of domiciliary
				  care services, and in monitoring and evaluation of the service by State and
				  local officials.
(2) If names and
				  other identifying information are disguised, material from client records may
				  be used for other legitimate functions such as:
(i) Teaching and research purposes.
(ii) Development of understanding and
				  knowledge of agency services by the placement agency.
(iii) Other similar educational
				  purposes.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 21 - DOMICILIARY CARE SERVICES FOR ADULTS › AAA RESPONSIBILITIES › Section 21.61 - Domiciliary care service's relationship to service management

Current through Register Vol. 54, No. 28, July 13, 2024
The AAA shall determine how domiciliary care service
					 interrelates with service management and specify that interrelationship in a
					 written statement to be kept on file for review by the
					 Department.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 21 - DOMICILIARY CARE SERVICES FOR ADULTS › PROVIDER RIGHTS AND RESPONSIBILITIES › Section 21.71 - General provisions

Current through Register Vol. 54, No. 28, July 13, 2024
A domiciliary care home provider shall operate in
					 accordance with applicable provisions of this chapter to assure a safe,
					 supportive, homelike setting for clients.
This section cited in 6 Pa. Code §
												21.52 (relating to AAA service
						responsibilities); 6 Pa. Code §
												21.55 (relating to AAA placement
						activities); and 6 Pa. Code §
												21.81 (relating to provider
						financial accountability).
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 21 - DOMICILIARY CARE SERVICES FOR ADULTS › PROVIDER RIGHTS AND RESPONSIBILITIES › Section 21.72 - Staff qualifications

Current through Register Vol. 54, No. 28, July 13, 2024
The provider shall ensure that the following basic
					 qualifications are met for the staff persons involved in home provider
					 services. A staff person:
(1) Shall be
				  18 years of age or older.
(2) Shall
				  be capable of performing home provider services in accordance with this
				  chapter.
(3) May never have been
				  convicted of a crime involving assaultive behavior or moral
				  turpitude.
This section cited in 6 Pa. Code §
												21.52 (relating to AAA service
						responsibilities); 6 Pa. Code §
												21.55 (relating to AAA placement
						activities); and 6 Pa. Code §
												21.81 (relating to provider
						financial accountability).
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 21 - DOMICILIARY CARE SERVICES FOR ADULTS › PROVIDER RIGHTS AND RESPONSIBILITIES › Section 21.73 - Staffing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) At least one
				  provider or staff person shall be present and available on the premises when
				  one or more clients are present in the home.
(b) The AAA may waive the requirements in
				  subsection (a), if the clients are independently mobile and the provider or
				  staff absences would be of limited duration and not during hours when the
				  clients are sleeping. This waiver, if granted by the AAA, shall be made in
				  writing and recorded in the case record.
This section cited in 6 Pa. Code §
												21.52 (relating to AAA service
						responsibilities); 6 Pa. Code §
												21.55 (relating to AAA placement
						activities); and 6 Pa. Code §
												21.81 (relating to provider
						financial accountability).
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 21 - DOMICILIARY CARE SERVICES FOR ADULTS › PROVIDER RIGHTS AND RESPONSIBILITIES › Section 21.74 - Basic furnishings

Current through Register Vol. 54, No. 28, July 13, 2024
A provider is responsible for furnishing to a client or, if
					 appropriate, paying for the full cost of, the following basic items:
(1) Adequate housing in accordance with the
				  standards in §§
										21.27 and
				  21.80 (relating to domiciliary care
				  home certification and recertification standards; and domiciliary care home
				  maintenance activities).
(2) Basic
				  utilities, including heat, electricity, hot and cold water, sewage and nontoll
				  telephone service.
(3) Laundry
				  service for bed linens, towels and personal clothing. A provider shall allow
				  access to laundry equipment such as a washer, dryer, iron and ironing board for
				  a client if the service is specified in the care plan. The home shall have
				  sufficient bed linens to allow for a complete change of linens for a client
				  once a week, or more often if necessary, and bed linens shall be changed at
				  least once every week.
(4) Three
				  nutritious meals per day, provided in accordance with §
										21.78 (relating to nutrition
				  responsibilities of providers). If some meals are provided through a
				  Department-funded senior center, the provider shall pay the center for the full
				  cost of meals received by the client at the center, or pay the center for meals
				  as otherwise specified in the care plan developed under §
										21.54(d) 
				  (relating to AAA care plan responsibilities).
(5) Other meals received outside the
				  domiciliary care home which are initiated by the provider or which otherwise
				  can be identified as the responsibility of the provider.
(6) Basic furnishings to include the
				  following:
(i) A twin (or larger) bed without
				  casters, or with locked casters, which does not require a client to climb steps
				  or a ladder to get into or out of the bed.
(ii) A mattress and box spring.
(iii) A bed pillow.
(iv) A bedside table or shelf and bedside
				  light.
(v) A dresser and
				  mirror.
(vi) A clothes closet or
				  wardrobe.
(vii) Bed linens and
				  blankets.
(viii) Towels and
				  washcloths and a towel bar.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 21 - DOMICILIARY CARE SERVICES FOR ADULTS › PROVIDER RIGHTS AND RESPONSIBILITIES › Section 21.75 - Client and provider agreement

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  There shall be a written agreement between the provider and the client,
				  specifying the monthly charge for domiciliary care provider services in
				  accordance with the amounts established by the Department. The agreement, to be
				  completed on a form provided by the Department, shall be fully explained to the
				  client prior to placement.
(b) The
				  agreement is subject to prior approval by the AAA and shall, at a minimum,
				  specify the house rules of the provider established under §
										21.55(m) (relating
				  to AAA placement activities) and set forth the responsibilities of the provider
				  to furnish items specified in §
										21.74 (relating to basic
				  furnishings).
(c) The agreement
				  shall be amended at least annually to reflect changes in client payments to
				  providers as established by the Department. The agreement may be amended at
				  other times, on terms mutually agreeable to the provider and the client,
				  subject to review and approval by the AAA.
This section cited in 6 Pa. Code §
												21.52 (relating to AAA service
						responsibilities); 6 Pa. Code §
												21.55 (relating to AAA placement
						activities); 6 Pa. Code §
												21.81 (relating to provider
						financial accountability); and 6 Pa. Code §
												21.92 (relating to client
						responsibilities).
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 21 - DOMICILIARY CARE SERVICES FOR ADULTS › PROVIDER RIGHTS AND RESPONSIBILITIES › Section 21.76 - Personal care responsibilities

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  provider shall help the client in developing or maintaining self-help skills,
				  personal hygiene skills and other skills relating to activities of daily living
				  in accordance with the care plan established under §
										21.54 (relating to AAA care plan
				  responsibilities).
(b) If
				  necessary, the provider shall assist with the administration of medication
				  prescribed for self-administration, and will do so in accordance with the care
				  plan established under § 21.54.
(c) When the provider assists clients with
				  the administration of medication, the following standards apply:
(1) The provider shall take reasonable
				  precaution to assure that drugs are stored and maintained in a safe and secure
				  manner to protect against contamination, spillage, misidentification and
				  pilferage. In establishing a means for safe storage with the client, the
				  provider shall consider the status of the client and others living in the home,
				  the degree to which the client needs immediate access to the drug and the
				  potential harm if the drug should be misused.
(2) The provider may assist with medications
				  by helping the client to remember the client's schedule in accordance with the
				  prescription, storing the medication in a secure place and offering the client
				  the medication at the prescribed times.
(3) Only currently prescribed medication of a
				  client living in the home may be stored in the home.
(4) Medication, prescription and
				  nonprescription and topical preparations, except as specified in paragraph (5),
				  shall be stored in locked areas.
(5) Medication may be stored in a client's
				  room for self-administration upon written instructions of a licensed
				  physician.
(6) Medication
				  prescribed for one client may not be provided to another client.
(7) Medication assistance errors and drug
				  reactions shall be reported immediately to the physician who ordered the
				  medication.
(8) Medication shall be
				  kept in its original prescription container.
(9) When the client permanently leaves the
				  home, the client's medications are to be given to the client, the family or the
				  client's designate.
(10) When
				  medication is discontinued, becomes outdated or was prescribed for a client who
				  died before taking all of the prescribed medications, the remaining medications
				  shall be destroyed.
Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 21 - DOMICILIARY CARE SERVICES FOR ADULTS › PROVIDER RIGHTS AND RESPONSIBILITIES › Section 21.77 - Provider and AAA related activities

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  The provider, in cooperation with the AAA, shall:
(1) Assure that each client visits or is seen
				  by his physician at least annually or more frequently if indicated by the
				  client's health needs.
(2) Obtain
				  emergency medical care when the client's personal physician is not
				  available.
(3) Assure that dental,
				  eye and other medical services are made available to clients as
				  necessary.