STATEMENTS OF POLICY
Title 55--PUBLIC WELFARE
DEPARTMENT OF PUBLIC WELFARE
[ 55 PA. CODE CH. 2600 ]
Personal Care Homes
[39 Pa.B. 2346]
[Saturday, May 9, 2009]Subject
The subject of this statement of policy is rent rebates to personal care home residents under the act of June 27, 2006 (P. L. 1873, No. 1) (spec. Sess. No. 1) (53 P. S. § 6926.5006) that continues the former act of March 11, 1971 (P. L. 104, No. 3), known as the Senior Citizens Rebate and Assistance Act (72 P. S. §§ 4751-1--4751-12).
Scope
This statement of policy applies to personal care homes governed by Chapter 2600 (relating to personal care homes).
Purpose
The purpose of this statement of policy is to clarify the procedures and notices to be used if a personal care home intends to collect rent rebate funds as restricted under section 1057.3 of the Public Welfare Code (62 P. S. 1057.3(a)(7)) regarding rules and regulations for personal care homes and assisted living residences and § 2600.25(d) (relating to resident-home contract).
Background
Many personal care home residents with low incomes are eligible to receive annual rent rebates from the Commonwealth of up to $500, based on their income. Since December 21, 1988, section 1057.3 of the Public Welfare Code has restricted the amount of the rent rebate funds that can be collected from residents by a personal care home. Specifically, a personal care home is prohibited from seeking or accepting any payment from a resident who receives Supplemental Security Income (SSI) in excess of one-half of the rent rebate received. The personal care home licensing regulation in § 2600.25(d) extends that restriction to all personal care home residents eligible to receive a rent rebate.
Recently, residents and other interested parties have inquired about the purpose of this statute and regulation. The purpose of these statutory and regulatory protections is to conserve a portion of the rent rebate for the personal use of the resident. Without this protection, a personal care home would be free to collect the full amount of rebate income from residents in the form of rent and service charges.
Additional concerns have been raised regarding whether a personal care home must fully disclose its intention to collect a portion of the rent rebate to current and potential residents. While most personal care homes articulate this intention in their resident-home contracts, some do not.
Discussion
Whether a personal care home collects a portion, up to one-half, of a resident's rent rebate is important information for individuals considering admission to a personal care home. The difference between a resident retaining a full rent rebate, as opposed to half of the rent rebate, could mean as much as 16% of an SSI recipient's total annual resources available for personal expenditures.
To ensure that this rent rebate information is available to residents, the Department is clarifying that a personal care home specify in the resident-home contract whether the personal care home intends to collect a portion of the rent rebate, and if so, the dollar amount or percentage to be collected, up to one-half, and the personal care home's intention for the use of the revenues collected. In addition, a statement signed by the resident, and the resident's designated person if applicable, outlining the personal care home's policy regarding the collection of rent rebates is to be kept in the resident's record.
This requirement will have no impact on the State budget.
Effective Date
This statement of policy is effective July 1, 2009. For current residents, the rent rebate language in the resident-home contract and the signed statement are due by July 31, 2009. For residents admitted on or after July 31, 2009, the rent rebate information and the signed statement are due upon admission.
Contact Person
Comments and questions related to this statement of policy may be directed to Matthew J. Jones, Director of Operations, Adult Residential Licensing, Department of Public Welfare, Room 423, Health and Welfare Building, 7th and Forster Streets, Harrisburg, PA 17120, (717) 772-4982, matjones@state.pa.us.
ESTELLE B. RICHMAN,
Secretary(Editor's Notice: Title 55 of the Pennsylvania Code is amended by adding a statement of policy in § 2600.25b to read as set forth in Annex A.)
Fiscal Note: 14-BUL-84. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 55. PUBLIC WELFARE
PART IV. ADULT SERVICES MANUAL
Subpart E. RESIDENTIAL AGENGIES/FACILITIES/SERVICES
CHAPTER 2600. PERSONAL CARE HOMES
GENERAL REQUIREMENTS § 2600.25b. Rent rebates for residents of personal care homes--statement of policy.
(a) The resident-home contract must include whether the home collects a portion of a resident's rent rebate under § 2600.25(d) (relating to resident-home contract).
(b) If the home collects a resident's rent rebate under subsection (a), the resident-home contract must include the following:
(1) The dollar amount or percentage of the rent rebate to be collected.
(2) The home's intended use of the revenue collected from the rent rebate.
(c) A statement signed by the resident, and the resident's designated person if applicable, at the time of admission, informing the resident that the information required in subsection (a) is to be kept in the resident's record.
[Pa.B. Doc. No. 09-839. Filed for public inspection May 8, 2009, 9:00 a.m.]
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