§ 2600.228. Notification of termination.
(a) At the resident’s request, the home shall provide assistance in relocating to the resident’s own home or to another residence that meets the needs of the resident.
(b) If the home initiates a discharge or transfer of a resident, or if the legal entity chooses to close the home, the home shall provide a 30-day advance written notice to the resident, the resident’s designated person and the referral agent citing the reasons for the discharge or transfer. This shall be stipulated in the resident-home contract. A 30-day advance written notice is not required if a delay in discharge or transfer would jeopardize the health, safety or well-being of the resident or others in the home, as certified by a physician or the Department. This may occur when the resident needs psychiatric or long-term care or is abused in the home, or the Department initiates closure of the home.
(c) A home shall give the Department written notice of its intent to close the home, at least 60 days prior to the anticipated date of closing.
(d) A home may not require a resident to leave the home prior to 30 days following the resident’s receipt of a written notice from the home regarding the intended closure of the home, except when the Department determines that removal of the resident at an earlier time is necessary for the protection of the health, safety and well-being of the resident.
(e) The date and reason for the discharge or transfer, and the destination of the resident, if known, shall be recorded in the resident record.
(f) If the legal entity chooses to voluntarily close the home or if the Department has initiated legal action to close the home, the Department working in conjunction with appropriate local authorities, will offer relocation assistance to the residents. Except in the case of an emergency, each resident may participate in planning the transfer, and shall have the right to choose among the available alternatives after an opportunity to visit the alternative homes. These procedures shall apply even if the resident is placed in a temporary living situation.
(g) Within 30 days of the home’s closure, the legal entity shall return the license to the Department’s personal care home regional office.
(h) The only grounds for discharge or transfer of a resident from a home are for the following conditions:
(1) If a resident is a danger to himself or others.
(2) If the legal entity chooses to voluntarily close the home, or a portion of the home.
(3) If a home determines that a resident’s functional level has advanced or declined so that the resident’s needs cannot be met in the home. If a resident or the resident’s designated person disagrees with the home’s decision to discharge or transfer, consultation with an appropriate assessment agency or the resident’s physician shall be made to determine if the resident needs a higher level of care. A plan for other placement shall be made as soon as possible by the administrator in conjunction with the resident and the resident’s designated person, if any. If assistance with relocation is needed, the administrator shall contact appropriate local agencies, such as the area agency on aging, county mental health/intellectual disability program or drug and alcohol program, for assistance. The administrator shall also contact the Department’s personal care home regional office.
(4) If meeting the resident’s needs would require a fundamental alteration in the home’s program or building site, or would create an undue financial or programmatic burden on the home.
(5) If the resident has failed to pay after reasonable documented efforts by the home to obtain payment.
(6) If closure of the home is initiated by the Department.
(7) Documented, repeated violation of the home rules.
Authority The provisions of this § 2600.228 amended under sections 211 and 213 and Articles IX and X of the Human Services Code (62 P.S. § § 211, 213, 901—922 and 1001—1088).
Source The provisions of this § 2600.228 amended June 17, 2016, effective June 18, 2016, 46 Pa.B. 3177. Immediately preceding text appears at serial pages (311316) to (311318).
Cross References This section cited in 55 Pa. Code § 2600.25 (relating to resident-home contract); 55 Pa. Code § 2600.28 (relating to refunds); and 55 Pa. Code § 2600.42 (relating to specific rights).
No part of the information on this site may be reproduced for profit or sold for profit.
This material has been drawn directly from the official Pennsylvania Code full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
