§ 11.213. Additional definitions.
The following words and terms, when used in this section and § § 11.211, 11.212, 11.221—11.223, 11.231, 11.232, 11.241—11.245, 11.251, 11.252, 11.261—11.270, 11.281, 11.282, 11.291 and 11.292 have the following meanings, unless the context clearly indicates otherwise:
Appeal—A signed and dated written request for reconsideration or modification of a Departmental decision that affects the license of a center.
Change of ownership—The sale or transfer of a center from one legal entity to another with the expectation that the center will continue to operate for the same purpose for which it is licensed at the time of the sale or transfer.
Conviction—A verdict of guilty, a guilty plea, a plea of nolo contendere or acceptance into the Accelerated Rehabilitative Disposition (ARD) Program in the trial court. In the latter case, a person is considered to have been convicted until the person has successfully completed the ARD Program.
Denial—Refusal to issue a license to a new applicant or to reissue a license to an existing licensee.
Existing center—A center for which the legal entity has been issued a license within the preceding 12 months.
Interim license—A license, issued to an applicant seeking to operate an older adult daily living center for the first time at a specified location, indicating that the applicant is suitable, the premises are safe and the applicant is likely to comply substantially with all applicable statutes, ordinances and regulations prior to the expiration of the interim license.
Legal entity—A person, society, corporation, governing authority or partnership legally responsible for the administration and operation of a center.
License—A document issued to a legal entity permitting it to operate an older adult daily living center, at a given location, for a specified period of time, and according to appropriate Departmental program licensure regulations.
New center—A center that has not been licensed by the Department within the preceding 12 months.
Nonprofit—Operating other than for profit.
Nonrenewal—Refusal to renew a regular or provisional license.
Profit—Operating with the expectation of providing a financial benefit to someone or something other than the center itself. The focus is upon the ultimate aim of the enterprise, not the financial results of a particular period of operation. The focus is also upon the particular premises involved and not the legal entity which operates the center. A nonprofit legal entity may be considered as operating a center for profit if the particular premises involved provide a financial benefit to the parent legal entity. A legal entity not possessing a certificate of tax exempt status from the Internal Revenue Service will be considered operating for profit unless it provides satisfactory proof otherwise.
Provisional license—A license indicating substantial, but not complete, compliance with applicable statutes, ordinances and regulations.
Regular license—A license indicating compliance with program and procedural licensure regulations.
Revocation—Retraction of a license prior to its expiration.
Cross References This section cited in 6 Pa. Code § 11.211 (relating to purpose); and 6 Pa. Code § 11.212 (relating to applicability).
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