§ § 2620.21 and 2620.22. [Reserved].
Source The provisions of these § § 2620.21 and 2620.22 adopted August 28, 1981, effective August 29, 1981, 11 Pa.B. 2997; amended September 20, 1991, effective October 21, 1991, 21 Pa.B. 4363; amended April 22, 2005, effective October 24, 2005, 35 Pa.B. 2499. Immediately preceding text appears at serial pages (257369) to (257371).
Notes of Decisions Evidence of Mobility (§ 2620.21)
An inspectors testimony that a personal care boarding home client had inappropriately responded when asked to show the inspector the door was not substantial evidence of whether or not the client was independently mobile. Arcurio v. Department of Public Welfare, 557 A.2d 1171 (Pa. Cmwlth. 1989).
Medical Evaluation (§ 2620.21)
The Department presented substantial evidence to show a person staying at a personal home care facility was a resident and therefore a physician certificate was required certifying that appropriate care was being given. Clites v. Department of Public Welfare, 548 A.2d 1345 (Pa. Cmwlth. 1988).
Mobility Assessment (§ 2620.21)
Reliance on a doctors certificate by the operators of a personal care boarding home was reasonable in light of the fact that the client has not exhibited signs of needing assistance in walking and had not had a seizure while in the home. Arcurio v. Department of Public Welfare, 557 A.2d 1171 (Pa. Cmwlth. 1989).
Nonrenewal of License (2620.22)
Nonrenewal of a personal home care providers license for failure to maintain resident records for a minimum of 3 years after the resident has left the home, under Department regulations, was supported by substantial evidence. Clites v. Department of Public Welfare, 548 A.2d 1345 (Pa. Cmwlth. 1988).
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