§ 6600.3. Requirements.
The Department incorporates by reference 53 F.R. 20494 (June 3, 1988) to be codified at 42 CFR 483.400—483.480 (relating to conditions of participation for intermediate care facilities for individuals with intellectual disabilities) as the licensing regulations for intermediate care facilities for individuals with an intellectual disability.
Authority The provisions of this § 6600.3 amended under Articles IX and X of the Human Services Code (62 P.S. § § 901—922 and 1001—1088).
Source The provisions of this § 6600.3 amended June 17, 2016, effective June 18, 2016, 46 Pa.B. 3177. Immediately preceding text appears at serial page (375745) to (375746).
Notes of Decisions License Denial
The Department erred in denying two intermediate care facility licenses based upon the ‘‘preference’’ of the Department for small, integrated facilities over larger ones. The Commonwealth adopted the relevant Federal regulations in their entirety. Those regulations contain no statement of preference for smaller, homelike facilities. Since the Department’s preference is not a published or promulgated regulation, the application was improperly denied. Woods Services, Inc. v. Department of Public Welfare, 803 A.2d 260 (Pa. Cmwlth. 2002); appeal granted 819 A.2d 549 (Pa. 2003); and affirmed 839 A.2d 184 (Pa. 2003).
Cross References This section cited in 55 Pa. Code § 6600.4 (relating to medication administration and training—statement of policy).
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