NEGATIVE SANCTIONS
§ 20.71. Conditions for denial, nonrenewal or revocation.
(a) The Department may deny, refuse to renew or revoke a certificate of compliance for any of the following:
(1) Failure to comply with this chapter.
(2) Noncompliance with the Department’s program licensure or approval regulations.
(3) Failure to submit an acceptable plan to correct noncompliance items.
(4) Failure to comply with the acceptable plan to correct noncompliance items.
(5) Mistreatment or abuse of clients being cared for in the facility or receiving service from the agency.
(6) Gross incompetence, negligence or misconduct in operating the facility or agency.
(7) Fraud or deceit in obtaining or attempting to obtain a certificate of compliance.
(8) Lending, borrowing or using the certificate of compliance of another facility or agency, or knowingly aiding or abetting the improper granting of a certificate of compliance.
(b) The Department will review and may deny, refuse to renew or revoke a certificate of compliance if a legal entity, owner, operator or staff person:
(1) Has been convicted of a felony.
(2) Has been convicted of a crime involving child abuse, child neglect, moral turpitude or physical violence.
(3) Has serious mental illness which might create a risk to the clients, which shall be determined and documented by a licensed physician or a licensed psychologist.
(4) Has evidenced drug or alcohol addiction within the past year, which shall be determined and documented by a licensed physician.
(5) Has been named as a perpetrator in an indicated or founded report of child abuse in accordance with the Child Protective Services Law (11 P.S. § § 2201—2224).
Notes of Decisions Plan to Correct Noncompliance Items
A personal home care provider’s failure to submit an acceptable plan to correct noncompliance items warranted nonrenewal of a license; proof of noncompliance. Items need not be presented by the Department. Clites v. Department of Public Welfare, 548 A.2d 1345 (Pa. Cmwlth. 1988).
This section does not require that the failure to file a plan of correction be willful and failure to file is grounds for refusal to renew a certificate of compliance. McFarland v. Department of Public Welfare, 551 A.2d 364 (Pa. Cmwlth. 1988); appeal denied 547 A.2d 74 (Pa. 1989).
Cross References This section cited in 55 Pa. Code § 3290.11 (relating to application for and issuance of a certificate of compliance).
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