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§ 10226.102. Definitions

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and SafetyEffective: October 23, 2007

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 35 P.S. Health and Safety (Refs & Annos)
Chapter 59. Elder Care Payment Restitution Act (Refs & Annos)
Effective: October 23, 2007
35 P.S. § 10226.102
§ 10226.102. Definitions
The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:
“Consumer.” A person who is at least 60 years old and receives elder care in or from a facility.
“Elder care.” Services or treatment provided to meet a consumer's need for personal care or health care, including, but not limited to, homemaker services, assistance with activities of daily living, physical therapy, occupational therapy, speech therapy, medical social services, home care aide services, companion care services, private duty nursing services, respiratory therapy, intravenous therapy and in-home dialysis and durable medical equipment services, which are routinely provided unsupervised and require interaction with the consumer. The term does not include durable medical equipment delivery, security deposit or application fees unrelated to the resident monthly charges for elder care services.
“Facility.” Any of the following:
(1) A home which provides domiciliary care as defined in section 2202-A of the act of April 9, 1929 (P.L. 177, No. 175),1 known as The Administrative Code of 1929.
(2) A personal care home2 as defined in section 1001 of the act of June 13, 1967 (P.L. 31, No. 21),3 known as the Public Welfare Code.
(3) A long-term care nursing facility as defined in section 802.1 of the act of July 19, 1979 (P.L. 130, No. 48),4 known as the Health Care Facilities Act.
(4) An older adult daily living center as defined in section 2 of the act of July 11, 1990 (P.L. 499, No. 118),5 known as the Older Adult Daily Living Centers Licensing Act.
“Home health care agency.” Any of the following:
(1) A home health care organization or agency licensed by the Department of Health.
(2) A public or private agency or organization, or part of an agency or organization, which provides elder care to a person in the person's place of residence.
“Payment.” A transfer of any or all moneys or other property transferred or promised to be transferred as full or partial consideration for elder care of a specified consumer by a facility. The term shall not include any copayment or partial payment made by a consumer for publicly funded elder care nor a payment made by a Federal or State program on behalf of a consumer.


2002, Dec. 9, P.L. 1388, No. 171, § 2, effective in 60 days. Affected 2007, July 25, P.L. 402, No. 56, § 8(12), effective in 90 days [Oct. 23, 2007].


71 P.S. § 581-2.
Reference in this section to personal care home, personal care boarding home, personal care housing or personal care home administrator construed to also include assisted living residence or assisted living residence administrator, pursuant to 2007, July 25, P.L. 402, No. 56, § 8, effective in 90 days [Oct. 23, 2007].
62 P.S. § 1001.
35 P.S. § 448.802a.
62 P.S. § 1511.2.
35 P.S. § 10226.102, PA ST 35 P.S. § 10226.102
Current through Act 13 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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