§ 151.8. Resident’s agreement.
(a) Each resident’s agreement shall contain the information required by section 14 of the act (40 P. S. § 3214) and the information required by this section.
(b) A valid and binding resident’s agreement shall be signed by the provider and each resident who will be admitted to the facility. An authorized representative may sign the resident’s agreement on behalf of either party.
(c) If the resident has agreed to purchase, at an additional price, optional products or services beyond those included in the entrance and periodic fees, a separate page shall be attached specifying the product or service purchased, and the cost of each including installation charge. The page shall be executed by the parties identified in subsection (b).
(d) Each resident’s agreement shall contain a provision whereby the provider agrees that the resident shall not be liable to a health care provider for services rendered under a resident’s agreement. In the event a health care provider seeks payment from the resident, the continuing care provider shall assume liability for payment of the health care services rendered, if the health care services rendered are services which a provider agreed to furnish to a resident in consideration of the resident’s payment of entrance and periodic fees. Health care providers shall include persons rendering services to a resident as employes of the provider or facility, on a fee-for-service basis, or otherwise.
(e) Amendments to the resident’s agreement may be filed with the Department at any time. The filing should be accompanied by a cover letter briefly outlining the sections of the resident’s agreement amended.
(f) The resident’s agreement shall be distributed as follows:
(1) A copy of the current resident’s agreement shall be attached as an appendix to each disclosure statement or amended disclosure statement filed with the Department.
(2) A copy of the current resident’s agreement shall be attached to each disclosure statement given to a prospective resident, unless the individual previously received a disclosure statement with a resident’s agreement attached thereto, and the resident’s agreement has not been amended subsequent to that time.
(3) A copy of the current resident’s agreement need not be given to current residents.
(4) If a resident’s agreement is not attached to the disclosure statement, as authorized under paragraphs (2) and (3), a separate page shall be attached stating that a copy of the resident’s agreement was omitted.
(g) Every provider shall maintain copies of each resident’s agreement until the conclusion of the next succeeding examination by the Department following the date the agreement ceases to be in force.
Source The provisions of this § 151.8 adopted March 15, 1985, effective March 16, 1985, 15 Pa.B. 1051.
Cross References This section cited in 31 Pa. Codes § 151.3 (relating to certificates of authority).
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