§ 201.23. Closure of facility.
In addition to the requirements set forth in 42 CFR 483.70(l) and (m) (relating to administration), the following conditions apply to the closure of a long-term care nursing facility:
(a) [Reserved].
(b) [Reserved].
(c) [Reserved].
(c.1) The facility shall develop a closure plan that includes all of the following:
(1) The identification of those who will be responsible for the daily operation and management of the facility during the closure process.
(2) The roles and responsibilities, and contact information, for the facility owner and the administrator or any replacement or temporary manager during the closure process.
(3) Assurance that no new residents will be admitted to the facility after the written notice of closure is provided under subsection (c.3).
(4) A plan for identifying and assessing available facilities to which residents can be transferred, taking into consideration each resident’s individual best interests and resident’s goals, preferences and needs regarding services, location and setting. This shall include all of the following:
(i) Interviewing each resident and resident representative, if applicable, to determine each resident’s goals, preferences and needs.
(ii) Offering the opportunity, to each resident and resident representative, if applicable, to obtain information regarding options within the community.
(iii) Providing residents and resident representatives, if applicable, with information or access to information regarding providers and services.
(5) A plan for the communication and transfer of resident information, including of medical records.
(6) Provisions for the ongoing operations and management of the facility, its residents and staff during the closure process, that include all of the following:
(i) Payment of salaries and expenses.
(ii) Continuation of appropriate staffing and resources to meet the needs of the residents, including provision of medications, services, supplies and treatment.
(iii) Ongoing accounting, maintenance and reporting of resident personal funds.
(iv) Labeling, safekeeping and appropriate transfer of each resident’s personal belongings.
(c.2) The facility shall provide the notice of closure and the closure plan developed under subsection (c.1) to the Department for approval at least 75 days prior to the proposed date of closure.
(c.3) At least 60 days before the proposed date of closure, the facility shall provide written notice of the proposed closure to the following:
(1) Residents and their resident representatives, if applicable, in writing or in a language and manner they understand.
(2) Employees of the facility.
(3) The Office of the State Long-Term Care Ombudsman Program.
(4) The Department of Human Services.
(c.4) The written notice provided under subsections (c.2) and (c.3) shall contain all of the following:
(1) The date of the proposed closure.
(2) Contact information for the facility representative delegated to respond to questions about the closure.
(3) Contact information for the Office of the State Long-Term Care Ombudsman Program.
(4) The transfer and relocation plan of residents.
(d) Residents in a facility may not be required to leave the facility prior to 30 days following receipt of a written notice from the licensee of the intent to close the facility, except when the Department determines that removal of the resident at an earlier time is necessary for health and safety.
(e) If an orderly transfer of the residents cannot be safely effected within 30 days, the Department may require the facility to remain open an additional 30 days.
(f) The Department is permitted to monitor the transfer of residents.
(g) The licensee of a facility shall file proof of financial responsibility with the Department to ensure that the facility continues to operate in a satisfactory manner until closure of the facility.
Authority The provisions of this § 201.23 amended under sections 102, 201(12), 601, 801.1 and 803 of the Health Care Facilities Act (35 P.S. § § 448.102, 448.201(12), 448.601, 448.801a and 448.803); and section 2102(a) and (g) of The Administrative Code of 1929 (71 P.S. § 532(a) and (g)).
Source The provisions of this § 201.23 adopted August 29, 1975, effective September 1, 1975, 5 Pa.B. 2233; amended May 26, 1978, effective May 27, 1978, 8 Pa.B. 1466; amended July 6, 1979, effective July 7, 1979, 9 Pa.B. 2252; amended April 23, 1982, effective April 24, 1982, 12 Pa.B. 1316; amended January 31, 1987, effective July 1, 1987, 17 Pa.B. 514; amended July 23, 1999, effective July 24, 1999, 29 Pa.B. 3999; amended December 23, 2022, effective July 1, 2023, 52 Pa.B. 8065. Immediately preceding text appears at serial page (336943).
Cross References This section cited in 28 Pa. Code § 211.5 (relating to medical records).
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