§ 20.4. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Agency—An organization that operates facilities or provides services for which the Department has promulgated licensure or approval regulations.
Appeal—A signed and dated written request for reconsideration or modification of a Departmental decision that affects the certificate of compliance of a facility or agency.
Approval—Certification of compliance with program regulations promulgated under Article IX of the Public Welfare Code (62 P.S. § § 901—922).
Certificate of compliance—A document issued to a legal entity permitting it to operate a specific type of facility or agency, at a given location, for a specified period of time, and according to appropriate Departmental program licensure or approval regulations.
Change of ownership—The sale or transfer of a facility or agency from one legal entity to another with the expectation that the facility or agency will con-tinue to operate for the same purpose for which it is licensed or approved at the time of the sale or transfer.
Denial—Refusal to issue a certificate of compliance to a new applicant.
Department—The Department of Human Services of the Commonwealth.
Existing facility or agency—A facility or agency that has been licensed or approved by the Department within the preceding 12 months.
Facility—Individual premises for which the Department has promulgated licensure or approval regulations.
Legal entity—A person, society, corporation, governing authority or partnership legally responsible for the administration and operation of a facility or an agency.
Licensure—Certification of compliance with program regulations promulgated under Article X of the Public Welfare Code (62 P.S. § § 1001—1080).
New facility or agency—A facility or agency that has not been licensed or approved by the Department within the preceding 12 months.
Nonprofit—Operating other than for profit.
Nonrenewal—Refusal to renew a regular or provisional certificate of compliance.
Profit—Operating with the expectation of providing a financial benefit to someone or something other than the facility or agency itself. The focus is upon the ultimate aim of the enterprise, not the financial results of a particular period of operation. The focus is also upon the particular premises involved and not the legal entity which operates the facility or agency. A nonprofit legal entity may be considered as operating a facility or agency for profit if the particular premises involved provide a financial benefit to the parent legal entity. A legal entity not possessing a certificate of tax exempt status from the Internal Revenue Service will be considered operating for profit unless it provides satisfactory proof otherwise.
Provisional certificate of compliance—A certificate of compliance indicating substantial, but not complete, compliance with program licensure or approval regulations.
Regular certificate of compliance—A certificate of compliance indicating compliance with program licensure or approval regulations.
Revocation—Retraction of a certificate of compliance prior to its expiration.
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