§ 6100.2. Applicability.
(a) This chapter applies to HCBS provided through waiver programs under section 1915(c) of the Social Security Act (42 U.S.C.A. § 1396n(c)) for individuals with an intellectual disability or autism.
(b) This chapter applies to State plan HCBS for individuals with an intellectual disability or autism.
(c) This chapter applies to intellectual disability programs, staffing and individual services that are funded exclusively by grants to counties under the Mental Health and Intellectual Disability Act of 1966 (50 P.S. § § 4101—4704) or Article XIV-B of the Human Services Code (62 P.S. § § 1401-B—1410-B).
(d) This chapter does not apply to the following:
(1) Intermediate care facilities licensed in accordance with Chapter 6600 (relating to intermediate care facilities for individuals with an intellectual disability).
(2) Hospitals licensed in accordance with 28 Pa. Code Chapters 101—158 (relating to general and special hospitals).
(3) Nursing facilities licensed in accordance with 28 Pa. Code Chapters 201—211 (relating to long-term care facilities).
(4) Personal care homes licensed in accordance with Chapter 2600 (relating to personal care homes).
(5) Assisted living residences licensed in accordance with Chapter 2800 (relating to assisted living residences).
(6) Mental health facilities licensed in accordance with Chapters 5200, 5210, 5221, 5230, 5300 and 5320.
(7) Privately-funded programs, services and placements.
(8) Services funded by other states and provided to individuals in this Commonwealth.
(9) A vendor fiscal employer agent model for self-directed financial management service.
(10) The adult community autism program that is funded and provided in accordance with the Federally-approved 1915(a) waiver program.
Cross References This section cited in 55 Pa. Code § 6100.43 (relating to regulatory waiver); 55 Pa. Code § 6100.801 (relating to agency with choice); 55 Pa. Code § 6100.804 (relating to base-funding); and 55 Pa. Code § 6100.805 (relating to vendor goods and services).
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