reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart E - Residential Agencies/Facilities/Services › Chapter 2800 - ASSISTED LIVING RESIDENCES › GENERAL REQUIREMENTS › Section 2800.13 - Maximum capacity

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 maximum capacity is the total number of residents who are permitted to reside
					 in the residence at any time. A request to increase the capacity shall be
					 submitted to the Department and other applicable authorities and approved prior
					 to the admission of additional residents. The maximum capacity is limited by
					 physical plant space and other applicable laws and regulations.
(b) The maximum capacity specified on the
					 license may not be exceeded.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart E - Residential Agencies/Facilities/Services › Chapter 2800 - ASSISTED LIVING RESIDENCES › GENERAL REQUIREMENTS › Section 2800.14 - Fire safety approval

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Prior
					 to issuance of a license under this chapter, a written fire safety approval
					 from the Department of Labor and Industry, the Department of Health or the
					 appropriate local building authority under the Pennsylvania Construction Code
					 Act (35 P. S. §§
												7210.101-7210.1103) is required.
(b) If the fire safety approval is withdrawn
					 or restricted, the residence shall notify the Department orally immediately,
					 and in writing, within 48 hours of the withdrawal or restriction.
(c) If a building is structurally renovated
					 or altered after the initial fire safety approval is issued, the residence
					 shall submit the new fire safety approval, or written certification that a new
					 fire safety approval is not required, from the appropriate fire safety
					 authority. This documentation shall be submitted to the Department within 15
					 days of the completion of the renovation or alteration.
(d) The Department will request additional
					 fire safety inspections by the appropriate agency if possible fire safety
					 violations are observed during an inspection by the Department.
(e) Fire safety approval must be renewed at
					 least every 3 years, or more frequently, if requested by the
					 Department.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart E - Residential Agencies/Facilities/Services › Chapter 2800 - ASSISTED LIVING RESIDENCES › GENERAL REQUIREMENTS › Section 2800.15 - Abuse reporting covered by law

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The residence shall immediately report
					 suspected abuse of a resident served in the residence in accordance with the
					 Older Adult Protective Services Act (35 P. S. §§
												10225.701-10225.707) and 6 Pa. Code
					 §§
											15.21-15.27 (relating to reporting
					 suspected abuse, neglect, abandonment or exploitation) and comply with the
					 requirements regarding restrictions on staff persons.
(b) If there is an allegation of abuse of a
					 resident involving a residence's staff person, the residence shall immediately
					 develop and implement a plan of supervision or suspend the staff person
					 involved in the alleged incident.
(c) The residence shall immediately submit to
					 the Department's assisted living residence office a plan of supervision or
					 notice of suspension of the affected staff person.
(d) The residence shall immediately notify
					 the resident and the resident's designated person of a report of suspected
					 abuse or neglect involving the resident.
This section cited in 55 Pa. Code §
													2800.16 (relating to reportable
						  incidents and conditions).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart E - Residential Agencies/Facilities/Services › Chapter 2800 - ASSISTED LIVING RESIDENCES › GENERAL REQUIREMENTS › Section 2800.16 - Reportable incidents and conditions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A reportable incident or condition
					 includes the following:
(1) The death of a
					 resident.
(2) A physical act by a
					 resident to commit suicide.
(3) An
					 injury, illness or trauma requiring treatment at a hospital or medical
					 facility. This does not include minor injuries such as sprains or minor
					 cuts.
(4) A violation of a
					 resident's rights in §§
												2800.41-2800.44 (relating to resident
					 rights).
(5) An unexplained absence
					 of a resident for 24 hours or more, or when the support plan so provides, a
					 period of less than 24 hours, or an absence of a resident from a special care
					 unit.
(6) Misuse of a resident's
					 funds by the residence's staff persons or legal entity.
(7) An outbreak of a serious communicable
					 disease as defined in 28 Pa. Code §
												27.2 (relating to specific
					 identified reportable diseases, infections and conditions).
(8) Food poisoning of residents.
(9) A physical or sexual assault by or
					 against a resident.
(10) Fire or
					 structural damage to the residence.
(11) An incident requiring the services of an
					 emergency management agency, fire department or law enforcement agency, except
					 for false alarms.
(12) A complaint
					 of resident abuse, suspected resident abuse or referral of a complaint of
					 resident abuse to a local authority.
(13) A prescription medication error as
					 defined in §
												2800.188 (relating to medication
					 errors).
(14) An emergency in which
					 the procedures under §
												2800.107 (relating to emergency
					 preparedness) are implemented.
(15)
					 An unscheduled closure of the residence or the relocation of the
					 residents.
(16) Bankruptcy filed by
					 the legal entity.
(17) A criminal
					 conviction against the legal entity, administrator or staff that is subsequent
					 to the reporting on the criminal history checks under §
												2800.51 (relating to criminal
					 history checks).
(18) A termination
					 notice from a utility.
(19) A
					 violation of the health and safety laws under §
												2800.18 (relating to applicable
					 laws).
(20) An absence of staff so
					 that residents receive inadequate care as defined by the respective resident's
					 support plan.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart E - Residential Agencies/Facilities/Services › Chapter 2800 - ASSISTED LIVING RESIDENCES › GENERAL REQUIREMENTS › Section 2800.17 - Confidentiality of records

Current through Register Vol. 54, No. 28, July 13, 2024
Resident records shall be confidential, and, except in
						emergencies, may not be accessible to anyone other than the resident, the
						resident's designated person if any, staff persons for the purpose of providing
						services to the resident, agents of the Department and the long-term care
						ombudsman without the written consent of the resident, an individual holding
						the resident's power of attorney for health care or health care proxy or a
						resident's designated person, or if a court orders
						disclosure.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart E - Residential Agencies/Facilities/Services › Chapter 2800 - ASSISTED LIVING RESIDENCES › GENERAL REQUIREMENTS › Section 2800.18 - Applicable laws

Current through Register Vol. 54, No. 28, July 13, 2024
A residence shall comply with applicable Federal, State
						and local laws, ordinances and regulations.
This section cited in 55 Pa. Code §
													2800.16 (relating to reportable
						  incidents and conditions).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart E - Residential Agencies/Facilities/Services › Chapter 2800 - ASSISTED LIVING RESIDENCES › GENERAL REQUIREMENTS › Section 2800.19 - Waivers

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A residence may
					 submit a written request for a waiver of a specific requirement contained in
					 this chapter. The waiver request must be on a form prescribed by the
					 Department. The Secretary, or the Secretary's appointee, may grant a waiver of
					 a specific requirement of this chapter if the following conditions are met:
(1) There is no jeopardy to the
					 residents.
(2) There is an
					 alternative for providing an equivalent level of health, safety and well-being
					 protection of the residents.
(3)
					 Residents will benefit from the waiver of the requirement.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart E - Residential Agencies/Facilities/Services › Chapter 2800 - ASSISTED LIVING RESIDENCES › GENERAL REQUIREMENTS › Section 2800.20 - Financial management

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
					 resident may manage his personal finances unless the resident has a guardian of
					 his estate.
(b) If the residence
					 provides assistance with financial management or holds resident funds, the
					 following requirements apply:
(1) The
					 residence shall keep a record of financial transactions with the resident,
					 including the dates, amounts of deposits, amounts of withdrawals and the
					 current balance.
(2) Resident funds
					 shall be disbursed during normal business hours within 24 hours of the
					 resident's request.
(3) The
					 residence shall obtain a written receipt from the resident for cash
					 disbursements at the time of disbursement.
(4) Resident funds and property shall only be
					 used for the resident's benefit.
(5) Commingling of resident funds and
					 residence funds is prohibited.
(6)
					 If a residence is holding more than $200 for a resident for more than 2
					 consecutive months, the administrator shall notify the resident and offer
					 assistance in establishing an interest-bearing account in the resident's name
					 at a local Federally-insured financial institution. This does not include
					 security deposits.
(7) The legal
					 entity, administrator and staff persons of the residence are prohibited from
					 being assigned power of attorney or guardianship of a resident or a resident's
					 estate.
(8) The residence shall
					 give the resident and the resident's designated person, an itemized account of
					 financial transactions made on the resident's behalf on a quarterly
					 basis.
(9) A copy of the itemized
					 account shall be kept in the resident's record.
(10) The residence shall provide the resident
					 the opportunity to review his own financial record upon request during normal
					 business hours.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart E - Residential Agencies/Facilities/Services › Chapter 2800 - ASSISTED LIVING RESIDENCES › GENERAL REQUIREMENTS › Section 2800.21 - Offsite services

Current through Register Vol. 54, No. 28, July 13, 2024
If services or activities are provided by the residence
						at a location other than the premises, the residence shall ensure that the
						residents' support plans are followed and that the health and safety needs of
						the residents are met.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart E - Residential Agencies/Facilities/Services › Chapter 2800 - ASSISTED LIVING RESIDENCES › GENERAL REQUIREMENTS › Section 2800.22 - Application and admission

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Documentation
. The following admission documents shall be
					 completed for each resident:
(1) Medical
					 evaluation completed within 60 days prior to admission on a form specified by
					 the Department. The medical evaluation may be completed within 15 days after
					 admission if one of the following conditions applies:
(i) The resident is being admitted directly
					 to the residence from an acute care hospital.
(ii) The resident is being admitted to escape
					 from an abusive situation.
(iii)
					 The resident has no alternative living arrangement.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart E - Residential Agencies/Facilities/Services › Chapter 2800 - ASSISTED LIVING RESIDENCES › GENERAL REQUIREMENTS › Section 2800.23 - Activities

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A residence
					 shall provide each resident with assistance with ADLs and appropriate cueing
					 for ADLs as indicated in the resident's assessment and support plan.
(b) A residence shall provide each resident
					 with assistance with IADLs and appropriate cueing for IADLs as indicated in the
					 resident's assessment and support plan.
This section cited in 55 Pa. Code §
													2800.220 (relating to service
						  provision).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart E - Residential Agencies/Facilities/Services › Chapter 2800 - ASSISTED LIVING RESIDENCES › GENERAL REQUIREMENTS › Section 2800.24 - Personal hygiene

Current through Register Vol. 54, No. 28, July 13, 2024
A residence shall provide the resident with assistance
						with personal hygiene and appropriate cueing to encourage personal hygiene as
						indicated in the resident's assessment and support plan. Personal hygiene
						includes one or more of the following:
(1) Bathing.
(2) Oral hygiene.
(3) Hair grooming and shampooing.
(4) Dressing, undressing and care of
					 clothes.
(5) Shaving.
(6) Nail care.
(7) Foot care.
(8) Skin care.
This section cited in 55 Pa. Code §
													2800.220 (relating to service
						  provision).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart E - Residential Agencies/Facilities/Services › Chapter 2800 - ASSISTED LIVING RESIDENCES › GENERAL REQUIREMENTS › Section 2800.26 - Quality management

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 residence shall establish and implement a quality management plan.
(b) The quality management plan must address
					 the periodic review and evaluation of the following, to assure compliance with
					 law and with the relevant standard of care:
(1) The reportable incident and condition
					 reporting procedures.
(2) Complaint
					 procedures.
(3) Staff person
					 training.
(4) Licensing violations
					 and plans of correction, if applicable.
(5) Resident or family councils, or both, if
					 applicable.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart E - Residential Agencies/Facilities/Services › Chapter 2800 - ASSISTED LIVING RESIDENCES › GENERAL REQUIREMENTS › Section 2800.27 - SSI recipients

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If a
					 residence agrees to admit a resident eligible for SSI benefits, the residence's
					 charges for actual rent and other services may not exceed the SSI resident's
					 actual current monthly income reduced by the current personal needs
					 allowance.
(b) The administrator or
					 staff persons may not include funds received as lump sum awards, gifts or
					 inheritances, gains from the sale of property or retroactive government
					 benefits when calculating payment of rent for an SSI recipient or for a
					 resident eligible for SSI benefits.
(c) The administrator or staff persons may
					 not seek or accept any payments from funds received as retroactive awards of
					 SSI benefits, but may seek and accept the payments only to the extent that the
					 retroactive awards cover periods of time during which the resident actually
					 resided in the residence and for which full payment has not been
					 received.
(d) The administrator
					 shall provide each resident who is a recipient of SSI, at no charge beyond the
					 amount determined in subsection (a), the following items or services as needed:
(1) Necessary personal hygiene items, such as
					 a comb, toothbrush, toothpaste, soap and shampoo. Cosmetic items are not
					 included.
(2) Laundry services for
					 personal laundry, bed linens and towels, but not including dry cleaning or
					 other specialized services.
(3)
					 Assistance or supervision in ADL or IADL, or both.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart E - Residential Agencies/Facilities/Services › Chapter 2800 - ASSISTED LIVING RESIDENCES › GENERAL REQUIREMENTS › Section 2800.28 - Refunds

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If, after the
					 residence gives notice of transfer or discharge in accordance with §
											2800.228(b)
					 (relating to transfer and discharge), and the resident moves out of the
					 residence before the 30 days are over, the residence shall give the resident a
					 refund equal to the previously paid charges for rent, assisted living services
					 and supplemental health care services, if applicable, for the remainder of the
					 30-day time period. The refund shall be issued within 30-days of transfer or
					 discharge. The resident's personal needs allowance shall be refunded within 2
					 business days of transfer or discharge.
(b) After a resident gives notice of the
					 intent to leave in accordance with §
											2800.25(b)
					 (relating to resident-residence contract) and if the resident moves out of the
					 residence before the expiration of the required 14 days, the resident owes the
					 residence the charges for rent and assisted living services and supplemental
					 health care services, or both, for the entire length of the 14-day time period
					 for which payment has not been made.
(c) If no notice is required, as set forth in
					 subsection (d), the resident shall be required to pay only for the nights spent
					 in the residence.
(d) If the
					 residence does not require a written notice prior to a resident's departure,
					 the administrator shall refund the remainder of previously paid charges to the
					 resident within 30 days of the date the resident moved from the
					 residence.
(e) In the event of the
					 death of a resident under 60 years of age, the administrator shall refund the
					 remainder of previously paid charges to the resident's estate within 30 days
					 from the date the living unit is cleared of the resident's personal property.
					 In the event of the death of a resident 60 years of age and older, the
					 residence shall provide a refund in accordance with the Elder Care Payment
					 Restitution Act (35 P. S. §§
												10226.101-10226.107). The residence shall
					 keep documentation of the refund in the resident's record.
(f) Within 30 days of either the termination
					 of service by the residence or the resident's leaving the residence, the
					 resident shall receive an itemized written account of the resident's funds,
					 including notification of funds still owed the residence by the resident or a
					 refund owed the resident by the residence. Refunds shall be made within 30 days
					 of discharge.
(g) Upon discharge of
					 the resident or transfer of the resident, the administrator shall return the
					 resident's funds being managed or stored by the residence to the resident
					 within 2 business days from the date the living unit is cleared of the
					 resident's personal property.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart E - Residential Agencies/Facilities/Services › Chapter 2800 - ASSISTED LIVING RESIDENCES › GENERAL REQUIREMENTS › Section 2800.29 - Hospice care and services

Current through Register Vol. 54, No. 28, July 13, 2024
Hospice care and services that are licensed by the
						Department of Health as a hospice may be provided in an assisted living
						residence.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart E - Residential Agencies/Facilities/Services › Chapter 2800 - ASSISTED LIVING RESIDENCES › GENERAL REQUIREMENTS › Section 2800.30 - Informed consent process

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Initiation of process.
(1)
					 When a licensee determines that a competent resident's decision, behavior or
					 action creates a dangerous situation and places the competent resident, other
					 residents or staff members at risk of harm by the competent resident's wish to
					 exercise independence in directing the manner in which the competent resident
					 receives care, the licensee may initiate an informed consent process to address
					 the identified risk and to reach a mutually agreed-upon plan of action with the
					 competent resident or the resident's designated person. The initiation of an
					 informed consent process does not guarantee that an informed consent agreement,
					 which is agreeable to all parties, will be reached and executed.
(2) When a competent resident wishes to
					 exercise independence in directing the manner in which the competent resident
					 receives care, the competent resident may initiate an informed consent process
					 to modify the support plan and attempt to reach a mutually agreed upon plan of
					 action with the licensee.
(3) An
					 incompetent resident shall be eligible for an informed consent agreement only
					 if the resident's legal representative is included in the negotiation of the
					 informed consent agreement and executes the agreement.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart E - Residential Agencies/Facilities/Services › Chapter 2800 - ASSISTED LIVING RESIDENCES › RESIDENT RIGHTS › Section 2800.41 - Notification of rights and complaint procedures

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Upon admission, each resident and, if
					 applicable, the resident's designated person, shall be informed of resident
					 rights and the right to lodge complaints without intimidation, retaliation or
					 threats of retaliation by the residence or its staff persons against the
					 reporter. Retaliation includes transfer or discharge from the
					 residence.
(b) Notification of
					 rights and complaint procedures shall be communicated in an easily understood
					 manner and in a language understood by or mode of communication used by the
					 resident and, if applicable, the resident's designated person.
(c) The Department's poster of the list of
					 resident's rights shall be posted in a conspicuous and public place in the
					 residence.
(d) A copy of the
					 resident's rights and complaint procedures shall be given to the resident and,
					 if applicable, the resident's designated person, upon admission.
(e) A statement signed by the resident and,
					 if applicable, the resident's designated person acknowledging receipt of a copy
					 of the information specified in subsection (d), or documentation of efforts
					 made to obtain signature, shall be kept in the resident's record.
This section cited in 55 Pa. Code §
													2800.16 (relating to reportable
						  incidents and conditions); 55 Pa. Code §
													2800.25 (relating to
						  resident-residence contract); 55 Pa. Code §
													2800.252 (relating to content of
						  resident records); and 55 Pa. Code Appendix A (relating to assisted living
						  resident rights: during residency and during discharge or termination of
						  residency).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart E - Residential Agencies/Facilities/Services › Chapter 2800 - ASSISTED LIVING RESIDENCES › RESIDENT RIGHTS › Section 2800.42 - Specific rights

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
					 resident may not be discriminated against because of race, color, religious
					 creed, disability, ancestry, sexual orientation, national origin, age or
					 sex.
(b) A resident may not be
					 neglected, intimidated, physically or verbally abused, mistreated, subjected to
					 corporal punishment or disciplined in any way. A resident must be free from
					 mental, physical, and sexual abuse and exploitation, neglect, financial
					 exploitation and involuntary seclusion.
(c) A resident shall be treated with dignity
					 and respect.
(d) A resident shall
					 be informed of the rules of the residence and given 30 days' written notice
					 prior to the effective date of a new residence rule.
(e) A resident shall have access to a
					 telephone in the residence to make calls in privacy. Nontoll calls must be
					 without charge to the resident.
(f)
					 A resident has the right to receive and send mail.
(1) Outgoing mail may not be opened or read
					 by staff persons unless the resident requests.
(2) Incoming mail may not be opened or read
					 by staff persons unless upon the request of the resident or the resident's
					 designated person.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart E - Residential Agencies/Facilities/Services › Chapter 2800 - ASSISTED LIVING RESIDENCES › RESIDENT RIGHTS › Section 2800.43 - Prohibition against deprivation of rights

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A resident may not be deprived of his
					 rights.
(b) A resident's rights may
					 not be used as a reward or sanction.
(c) Waiver of any resident right shall be
					 void.
This section cited in 55 Pa. Code §
													2800.16 (relating to reportable
						  incidents and conditions); and 55 Pa. Code Appendix A (relating to assisted
						  living resident rights: during residency and during discharge or termination of
						  residency).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart E - Residential Agencies/Facilities/Services › Chapter 2800 - ASSISTED LIVING RESIDENCES › STAFFING › Section 2800.51 - Criminal history checks

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Criminal history checks shall be in accordance with the Older Adult Protective
					 Services Act (35 P. S. §§
												10225.101-10225.5102), and 6 Pa. Code Chapter
					 15 (relating to protective services for older adults).
(b) The hiring policies shall be in
					 accordance with the Department of Aging's Older Adult Protective Services Act
					 policy as posted on the Department of Aging's web site.
This section cited in 55 Pa. Code §
													2800.16 (relating to reportable
						  incidents and conditions).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart E - Residential Agencies/Facilities/Services › Chapter 2800 - ASSISTED LIVING RESIDENCES › STAFFING › Section 2800.52 - Staff hiring, retention and utilization

Current through Register Vol. 54, No. 28, July 13, 2024
Hiring, retention and utilization of staff persons shall
						be in accordance with the Older Adult Protective Services Act (35 P. S.
						§§
												10225.101-10225.5102), 6 Pa.
						Code Chapter 15 (relating to protective services for older adults) and other
						applicable regulations.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart E - Residential Agencies/Facilities/Services › Chapter 2800 - ASSISTED LIVING RESIDENCES › STAFFING › Section 2800.53 - Qualifications and responsibilities of administrators

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The administrator shall have one of the
					 following qualifications:
(1) A license as an
					 RN from the Department of State and 1 year, in the prior 10 years, of direct
					 care or administrative experience in a health care or human services
					 field.
(2) An associate's degree or
					 60 credit hours from an accredited college or university in a human services
					 field and 1 year, in the prior 10 years, of direct care or administrative
					 experience in a health care or human services field.
(3) An associate's degree or 60 credit hours
					 from an accredited college or university in a field that is not related to
					 human services and 2 years, in the prior 10 years, of direct care or
					 administrative experience in a health care or human services field.
(4) A license as an LPN from the Department
					 of State and 1 year, in the prior 10 years, of direct care or administrative
					 experience in a health care or human services field.
(5) A license as a nursing home administrator
					 from the Department of State and 1 year, in the prior 10 years, of direct care
					 or administrative experience in a health care or human services
					 field.
(6) With the exception of
					 administrators qualified under §
												2600.53(a)(5)
					 (relating to qualifications and responsibilities of administrators), experience
					 as a personal care home administrator, if the following requirements are met:
(i) Employed as a personal care home
					 administrator for 2 years prior to January 18, 2011.
(ii) Completed the administrator training
					 requirements and pass the Department-approved competency-based training test in
					 §
													2800.64 (relating to administrator
					 training and orientation) by January 18, 2012.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart E - Residential Agencies/Facilities/Services › Chapter 2800 - ASSISTED LIVING RESIDENCES › STAFFING › Section 2800.54 - Qualifications for direct care staff persons

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Direct care staff persons shall have the
					 following qualifications:
(1) Be 18 years of
					 age or older, except as permitted in subsection (d).
(2) Have a high school diploma, GED or active
					 registry status on the Pennsylvania nurse aide registry.
(3) Be free from a medical condition,
					 including drug or alcohol addiction, that would limit direct care staff persons
					 from providing necessary assisted living services with reasonable skill and
					 safety.
(4) Be able to communicate
					 in a mode or manner understood by the resident. Strategies that promote
					 interactive communication on the part of direct care staff and individual
					 residents shall be developed in accordance with the resident's final support
					 plan under §
												2800.227(e)
					 (relating to development of the final support plan).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart E - Residential Agencies/Facilities/Services › Chapter 2800 - ASSISTED LIVING RESIDENCES › STAFFING › Section 2800.55 - Portability of staff training

Current through Register Vol. 54, No. 28, July 13, 2024
A staff person who transfers to another licensed
						residence, or from a licensed personal care home shall be given credit for any
						completed hours of training that are required on an annual basis, provided
						however, that the staff person shall complete any additional training required
						by this chapter for assisted living residence direct care
						staff.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart E - Residential Agencies/Facilities/Services › Chapter 2800 - ASSISTED LIVING RESIDENCES › STAFFING › Section 2800.56 - Administrator staffing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except
					 for temporary absences under subsection (b), the administrator shall be present
					 in the residence an average of 36 hours or more per week, in each calendar
					 month. At least 30 hours per week must be during normal business
					 hours.
(b) If the administrator is
					 unavailable to meet the hourly requirements in subsection (a) due to a
					 temporary absence, the administrator shall assign an administrator designee in
					 writing to supervise the residence during the administrator's temporary
					 absence. The administrator designee shall meet the following requirements:
(1) Have 3,000 hours of direct operational
					 responsibility for a senior housing facility, health care facility, residential
					 care facility, adult daily living facility or other group home licensed or
					 approved by the Commonwealth.
(2)
					 Pass the Department-approved competency-based administrator training test under
					 §
												2800.64(a)(3)
					 (relating to administrator training and orientation.)
(3) Meet the qualification and training
					 requirements of a direct care staff person under §§
												2800.54 and
					 2800.65 (relating to
					 qualifications for direct care staff persons; and staff orientation and direct
					 care staff person training and orientation).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart E - Residential Agencies/Facilities/Services › Chapter 2800 - ASSISTED LIVING RESIDENCES › STAFFING › Section 2800.57 - Direct care staffing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) At all
					 times one or more residents are present in the residence, a direct care staff
					 person who is 21 years of age or older shall be present in the residence. The
					 direct care staff person may be the administrator if the administrator provides
					 direct care services.
(b) Direct
					 care staff persons shall be available to provide at least 1 hour per day of
					 assisted living services to each mobile resident.
(c) Direct care staff persons shall be
					 available to provide at least 2 hours per day of assisted living services to
					 each resident who has mobility needs.
(d) At least 75% of the assisted living
					 service hours specified in subsections (b) and (c) shall be available during
					 waking hours.
This section cited in 55 Pa. Code §
													2800.59 (relating to multiple
						  buildings); and 55 Pa. Code §
													2800.238 (relating to
						  staffing).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart E - Residential Agencies/Facilities/Services › Chapter 2800 - ASSISTED LIVING RESIDENCES › STAFFING › Section 2800.58 - Awake staff persons

Current through Register Vol. 54, No. 28, July 13, 2024
Direct care staff persons on duty in the residence shall
						be awake at all times.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart E - Residential Agencies/Facilities/Services › Chapter 2800 - ASSISTED LIVING RESIDENCES › STAFFING › Section 2800.59 - Multiple buildings

Current through Register Vol. 54, No. 28, July 13, 2024
For a residence with multiple buildings on the same
						premises regardless of the distance between buildings, the direct care staffing
						requirements in §
											2800.57 (relating to direct care
						staffing) apply at all times residents are present in the
						residence.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart E - Residential Agencies/Facilities/Services › Chapter 2800 - ASSISTED LIVING RESIDENCES › STAFFING › Section 2800.60 - Additional staffing based on the needs of the residents

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Staffing shall be provided to meet the
					 needs of the residents as specified in the resident's assessment and support
					 plan. Residence staff or service providers who provide services to the
					 residents in the residence shall meet the applicable professional licensure
					 requirements.
(b) The staffing
					 level in this chapter is minimum only. The Department may require additional
					 staffing as necessary to protect the health, safety and well-being of the
					 residents. Requirements for additional staffing will be based on the resident's
					 assessment and support plan, the design and construction of the residence and
					 the operation and management of the residence.
(c) Additional staff hours, or contractual
					 hours, shall be provided as necessary to meet the transportation, laundry, food
					 service, housekeeping and maintenance needs of the residents.
(d) In addition to the staffing requirements
					 in this chapter, the residence shall have a licensed nurse available in the
					 building or on call at all times. The licensed nurse shall be either an
					 employee of the residence or under contract with the residence.
(e) The residence shall have a dietician on
					 staff or under contract to provide for any special dietary needs of a resident
					 as indicated in his support plan.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart E - Residential Agencies/Facilities/Services › Chapter 2800 - ASSISTED LIVING RESIDENCES › STAFFING › Section 2800.61 - Substitute personnel

Current through Register Vol. 54, No. 28, July 13, 2024
When regularly scheduled direct care staff persons are
						absent, the administrator shall arrange for coverage by substitute personnel
						who meet the direct care staff qualifications and training requirements as
						specified in §§
											2800.54 and
						2800.65 (relating to
						qualifications for direct care staff persons; and staff orientation and direct
						care staff person training and orientation).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart E - Residential Agencies/Facilities/Services › Chapter 2800 - ASSISTED LIVING RESIDENCES › STAFFING › Section 2800.62 - List of staff persons

Current through Register Vol. 54, No. 28, July 13, 2024
The administrator shall maintain a current list of the
						names, addresses and telephone numbers of staff persons including substitute
						personnel and volunteers.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart E - Residential Agencies/Facilities/Services › Chapter 2800 - ASSISTED LIVING RESIDENCES › STAFFING › Section 2800.63 - First aid, CPR and obstructed airway training

Current through Register Vol. 54, No. 28, July 13, 2024
(a) For every 35 residents, there shall be at
					 least one staff person trained in first aid and certified in obstructed airway
					 techniques and CPR present in the residence at all times to meet the needs of
					 the residents.
(b) Current training
					 in first aid and certification in obstructed airway techniques and CPR shall be
					 provided by an individual certified as a trainer by a hospital or other
					 recognized health care organization.
(c) Licensed, certified and registered
					 medical personnel meet the qualifications in subsection (a) and are exempt from
					 the training requirements in subsections (a) and (b).
(d) A staff person who is trained in first
					 aid or certified in obstructed airway techniques or CPR shall provide those
					 services in accordance with his training, unless the resident has a do not
					 resuscitate order.
This section cited in 55 Pa. Code §
													2800.65 (relating to staff
						  orientation and direct care staff person training and
						  orientation).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart E - Residential Agencies/Facilities/Services › Chapter 2800 - ASSISTED LIVING RESIDENCES › STAFFING › Section 2800.64 - Administrator training and orientation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Prior to initial employment as an
					 administrator, a candidate shall successfully complete the following:
(1) An orientation program approved and
					 administered by the Department.
(2)
					 A 100-hour standardized Department-approved administrator training course. The
					 training provided for in §
												2800.69 (relating to additional
					 dementia-specific training) shall be in addition to the 100-hour training
					 course.
(3) A Department-approved
					 competency-based training test with a passing score.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart E - Residential Agencies/Facilities/Services › Chapter 2800 - ASSISTED LIVING RESIDENCES › STAFFING › Section 2800.65 - Staff orientation and direct care staff person training and orientation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Prior
					 to or during the first work day, direct care staff persons and other staff
					 persons including ancillary staff persons, substitute personnel and volunteers
					 shall have an orientation in general fire safety and emergency preparedness
					 that includes the following:
(1) Evacuation
					 procedures.
(2) Staff duties and
					 responsibilities during fire drills, as well as during emergency evacuation,
					 transportation and at an emergency location, if applicable.
(3) The designated meeting place outside the
					 building or within the fire-safe area in the event of an actual fire.
(4) Smoking safety procedures, the
					 residence's smoking policy and location of smoking areas, if
					 applicable.
(5) The location and
					 use of fire extinguishers.
(6)
					 Smoke detectors and fire alarms.
(7) Telephone use and notification of
					 emergency services.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart E - Residential Agencies/Facilities/Services › Chapter 2800 - ASSISTED LIVING RESIDENCES › STAFFING › Section 2800.66 - Staff training plan

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A staff
					 training plan shall be developed annually.
(b) The plan must include training aimed at
					 improving the knowledge and skills of the residence's direct care staff persons
					 in carrying out their job responsibilities. The staff training plan must
					 include the following:
(1) The name, position
					 and duties of each direct care staff person.
(2) The required training courses for each
					 staff person.
(3) The dates, times
					 and locations of the scheduled training for each staff person for the upcoming
					 year.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart E - Residential Agencies/Facilities/Services › Chapter 2800 - ASSISTED LIVING RESIDENCES › STAFFING › Section 2800.67 - Training institution registration

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An institution and the course of study
					 offered by an educational institution, association, professional society or
					 organization for the purpose of educating and qualifying applicants for
					 certification as assisted living residence administrators shall be registered
					 and approved by the Department prior to offering the course of study.
(b) An application for registration of an
					 institution and approval of a course of study shall be submitted to the
					 Department on a form provided by the Department and include the following
					 information:
(1) The full name, address,
					 telephone number, facsimile number and electronic mail address of the
					 prospective training provider, each instructor and the program
					 coordinator.
(2) The training
					 objectives, instructional materials, content and teaching methods to be used
					 and the number of clock hours.
(3)
					 The recommended class size.
(4) The
					 attendance certification method.
(5) Proof that each course instructor is
					 certified by the Department to conduct administrator training.
(6) The subject that each instructor will
					 teach and documentation of the instructor's academic credentials, instructional
					 experience and work experience to teach the subject.
(7) The location of the training site, which
					 shall accommodate the number of anticipated participants.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart E - Residential Agencies/Facilities/Services › Chapter 2800 - ASSISTED LIVING RESIDENCES › STAFFING › Section 2800.68 - Instructor approval

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Training for assisted living residence administrators provided by an individual
					 who is not certified as an instructor by the Department will not be considered
					 valid training.
(b) To receive the
					 Department's certification as an approved instructor for assisted living
					 residence administrators, an instructor shall successfully complete the
					 Department's train-the-trainer course. The train-the-trainer course is designed
					 to provide and reinforce basic training skills, including the roles and
					 responsibilities of the trainer, training methodology, the use of instructional
					 aids and recordkeeping.
(c) An
					 instructor shall demonstrate competent instructional skills and knowledge of
					 the applicable topic and meet the Department's qualifications for the topic
					 being taught.
(d) An instructor is
					 subject to unannounced monitoring by the Department while conducting
					 training.
(e) The Department will
					 establish approval standards that include the following:
(1) The mechanism to measure the quality of
					 the training being offered.
(2) The
					 criteria for selecting and evaluating instructors, subject matter and
					 instructional materials.
(3) The
					 criteria for evaluating requests to amend a course.
(4) The criteria for evaluating the
					 effectiveness of each course.
(5)
					 The instructor qualifications for each subject being taught.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart E - Residential Agencies/Facilities/Services › Chapter 2800 - ASSISTED LIVING RESIDENCES › STAFFING › Section 2800.69 - Additional dementia-specific training

Current through Register Vol. 54, No. 28, July 13, 2024
Administrative staff, direct care staff persons,
						ancillary staff persons, substitute personnel and volunteers shall receive at
						least 4 hours of dementia-specific training within 30 days of hire and at least
						2 hours of dementia-specific training annually thereafter in addition to the
						training requirements of this chapter.
This section cited in 55 Pa. Code §
													2800.64 (relating to administrator
						  training and orientation); and 55 Pa. Code §
													2800.65 (relating to staff
						  orientation and direct care staff person training and
						  orientation).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart E - Residential Agencies/Facilities/Services › Chapter 2800 - ASSISTED LIVING RESIDENCES › PHYSICAL SITE › Section 2800.81 - Physical accommodations and equipment

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The residence shall provide or arrange
					 for physical site accommodations and equipment necessary to meet the health and
					 safety needs of a resident with a disability and to allow safe movement within
					 the residence and exiting from the residence.
(b) Wheelchairs, walkers, prosthetic devices
					 and other apparatus used by residents must be clean, in good repair and free of
					 hazards.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart E - Residential Agencies/Facilities/Services › Chapter 2800 - ASSISTED LIVING RESIDENCES › PHYSICAL SITE › Section 2800.82 - Poisons

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Poisonous
					 materials shall be stored in their original, labeled containers.
(b) Poisonous materials shall be stored
					 separately from food, food preparation surfaces and dining surfaces.
(c) Poisonous materials shall be kept locked
					 and inaccessible to residents unless all of the residents living in the
					 residence are able to safely use or avoid poisonous materials.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart E - Residential Agencies/Facilities/Services › Chapter 2800 - ASSISTED LIVING RESIDENCES › PHYSICAL SITE › Section 2800.83 - Temperature

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The indoor
					 temperature, in areas used by the residents, must be at least 70° F when
					 residents are present in the residence.
(b) A residence in existence prior to January
					 18, 2011, shall provide central air conditioning. If central air conditioning
					 is not feasible or is cost prohibitive, window air conditioning units shall be
					 provided. The residence shall submit justification to the Department for the
					 use of window air conditioning units.
(c) For new construction after January 18,
					 2011, the residence shall provide central air conditioning.