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§ 211. State plan for regulating and licensing personal care homes and assisted living residenc...

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 62 P.S. Poor Persons and Public WelfareEffective: October 23, 2007

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 62 P.S. Poor Persons and Public Welfare (Refs & Annos)
Chapter 1. Human Services Code (Refs & Annos)
Article II. General Powers and Duties of the Department of Public Welfare (Refs & Annos)
Effective: October 23, 2007
62 P.S. § 211
§ 211. State plan for regulating and licensing personal care homes and assisted living residences
Currentness
(a) In accordance with the statutory authority and responsibility vested in the department to regulate nonprofit homes for adults which provide personal care and services and to license for profit personal care homes for adults, pursuant to Articles IX and X,1 the department shall develop and implement a State plan for regulating and licensing said facilities as defined by section 1001 of this act.2
(b) In developing rules and regulations for the State plan, the department shall:
(1) Distinguish between personal care homes serving less than eight persons and personal care homes serving more than eight persons.
(2) By July 1, 1981 adopt rules relating to the conduct of owners and employes of personal care homes relative to the endorsement or delivery of public or private welfare, pension or insurance checks by a resident of a personal care home.
(3) Not regulate or require the registration of boarding homes which merely provide room, board and laundry services to persons who do not need personal care home services.
(c) Within three months following the effective date of this act, the department shall submit to the General Assembly for comment and review, and publish in the Pennsylvania Bulletin in accordance with the provisions of the Commonwealth Documents Law relating to the publication of regulations, a preliminary State plan for regulating and licensing personal care homes.
(d) The preliminary plan shall include, but is not limited to, the following:
(1) Coordination of the department's statutory responsibilities with those of other State and local agencies having statutory responsibilities relating to personal care homes, with particular attention given to the Department of Labor and Industry, the Department of Environmental Resources, the Department of Aging and the Pennsylvania Human Relations Commission. The Department of Labor and Industry shall promulgate rules and regulations applicable to personal care homes on a Statewide basis consistent with size distinctions set forth in subsection (b) pertaining to construction and means of egress.
(2) Recommendations for changes in existing State law and proposed legislation to:
(i) Resolve inconsistencies that hinder the department's implementation of the State plan.
(ii) Promote the cost efficiency and effectiveness of visitations and inspections.
(iii) Delegate to other State and local agencies responsibility for visitations, inspections, referral, placement and protection of adults residing in personal care homes.
(iv) Evaluate the State's fire and panic laws as applied to personal care homes.
(3) Recommendations for implementation of fire safety and resident care standards relating to personal care homes by cities of the first class, second class and second class A.
(4) A programmatic and fiscal impact statement regarding the effect of the plan on existing residential programs for the disabled, including but not limited to skilled nursing homes, intermediate care facilities, domiciliary care homes, adult foster care homes, community living arrangements for the mentally retarded and group homes for the mentally ill and the effect of the plan on recipients of Supplemental Security Income.
(5) Cost analysis of the entire plan and of all regulations that will be proposed pursuant to the plan.
(6) Number of personnel at the State, regional and county level required to inspect personal care homes and monitor and enforce final rules and regulations adopted by the department.
(7) Process for relocating residents of personal care homes whose health and safety are in imminent danger.
(e) If the department deems that it is in the best interest of the Commonwealth to develop a plan for implementation on a phased basis, the department shall submit a detailed schedule of the plan to the General Assembly which shall be part of the preliminary State plan.
(f) Within six months of the effective date of this act, the department shall adopt a final State plan which shall be submitted and published in the same manner as the preliminary plan.
(g) The final plan shall include the information required in the preliminary plan and, in addition, the cost to operators of personal care homes for compliance with the regulations.
(h) At no time may the department change, alter, amend or modify the final State plan, except in emergency situations, without first publishing such change in the Pennsylvania Bulletin in accordance with the Commonwealth Documents Law relating to publication of regulations and without first submitting the proposed change to the General Assembly for comment and review. In an emergency, the department may change, alter, amend or modify the State plan without publishing the change or submitting the change to the General Assembly; but, within thirty days, the department shall submit and publish the change as otherwise required.
(i) The State plan shall not apply to any facility operated by a religious organization for the care of clergymen or other persons in a religious profession.
(j) Prior to January 1, 1985, department regulations shall not apply to personal care homes in which services are integrated with, are under the same management as, and on the same grounds as a skilled nursing or intermediate care facility licensed for more than twenty-five beds and having an average daily occupancy of more than fifteen beds. Prior to January 1, 1985 the department may require registration of such facilities and may visit such facilities for the purpose of assisting residents and securing information regarding facilities of this nature.
(k) Any regulations by the department relating to the funding of residential care for the mentally ill or mentally retarded adults and any regulations of the Department of Aging relating to domiciliary care shall use as their base, regulations established in accordance with this section. Supplementary requirements otherwise authorized by law may be added.
(l) The department shall annually conduct at least one onsite unannounced inspection of each personal care home and each assisted living residence. Additional announced or unannounced inspections may be conducted by the department as the department deems necessary. When developing regulations under this act, the department may provide for an abbreviated annual licensure visit when a residence has established a history of exemplary compliance.
(m) Regulations specifically related to personal care homes or personal care home services adopted prior to the effective date of this act shall remain in effect until superseded by a final plan adopted in accordance with this section.

Credits

1967, June 13, P.L. 31, No. 21, art. 2, § 211, added 1980, July 10, P.L. 493, No. 105, § 1, effective in 60 days. Amended 1988, Dec. 21, P.L. 1883, No. 185, § 1, imd. effective; 2007, July 25, P.L. 402, No. 56, § 1, effective in 90 days [Oct. 23, 2007].

Footnotes

1
62 P.S. §§ 901 et seq., 1001 et seq.
2
62 P.S. § 1001.
62 P.S. § 211, PA ST 62 P.S. § 211
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
End of Document