§ 161.22. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Inmate or resident—An inmate or resident of an institution is a person who resides in the institution, that is, he is not making his home elsewhere. Persons not considered to be residing in an institution are a person who is in a hospital for temporary care, or a person who is on leave of absence from a public mental institution. A person who is boarded out by a public mental institution is considered to be residing in the institution.
Medical institution—A medical institution is one established to provide medical care, including nursing and convalescent care, that has the professional personnel, equipment, and facilities to provide the medical needs of patients on a continuing basis, and is staffed by professional medical or professional nursing personnel who have clear and definite responsibility to the institution in the provision of medical services to patients.
Patient—A patient is a person in a medical institution because of illness, injury, or other defect for whom there is planned, continuing medical treatment, including nursing care, directed toward improvement in health, or for whom palliative medical measures are required, though improvement in health or recovery cannot be expected, and who is receiving professional medical treatment or care.(i) A person eligible for a nursing home care or intermediate care payment is always considered to be a patient in a medical institution.
(ii) A person is not considered to be a patient if he is in an institution for purposes of sheltered or custodial care because of a disability for which he does not receive continuing planned medical treatment.
(iii) A person aged 16 or more and emancipated who is eligible in all other respects, may be eligible for public assistance when living in a group home under the Community Living Arrangements Program for the Mentally Retarded of the Department. The persons are free to come and go as they please and are free to make other living arrangements at any time. These persons, however, would not be entitled to Food Stamps when living on a room and board basis.
Private institution—An institution is considered to be private when its management, administration, and operations are privately controlled and the source of its funds is either private, or private and public.
Public institution—An institution is considered to be public when a governmental unit controls the management or administration of the institution and provides the major part of the funds.
Cross References This section cited in 55 Pa. Code § 451.3 (relating to requirements).
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