Pennsylvania Administrative Code

§ 11.2. Applicability. (a) This subchapter applies to older adult daily living centers, as defined in § 11.3 (relating to definitions), serving clients with functional impairment who are 60 years of age or older, or who are 18 years of age or older and have post-stroke dementia, …

§ 11.20. Grievance procedures. (a) The center shall have written grievance procedures for clients and the responsible party that assure investigation and a process for resolution of complaints. (b) At the time of enrollment, the center shall provide clients and responsible partie…

§ 11.21. Emergency procedures. (a) Written procedures for handling emergencies shall be developed and be available at the center. The procedures include: (1) The location of portable emergency information files on each client containing the information in § 11.191 (relating to em…

GENERAL LICENSING PROVISIONS § 11.211. Purpose. The purpose of this section and § § 11.212, 11.213, 11.221—11.223, 11.231, 11.232, 11.241—11.245, 11.251, 11.252, 11.261—11.270, 11.281, 11.282, 11.291 and 11.292 is to specify: (1) The procedures for the application for a license. …

§ 11.212. Applicability. (a) This section and § § 11.211, 11.213, 11.221—11.223, 11.231, 11.232, 11.241—11.245, 11.251, 11.252, 11.261—11.270, 11.281, 11.282, 11.291 and 11.292 apply to a center subject to licensure in accordance with the act. (b) This section and § § 11.211, 11.…

§ 11.213. Additional definitions. The following words and terms, when used in this section and § § 11.211, 11.212, 11.221—11.223, 11.231, 11.232, 11.241—11.245, 11.251, 11.252, 11.261—11.270, 11.281, 11.282, 11.291 and 11.292 have the following meanings, unless the context clearl…

§ 11.22. Insurance coverage. The center shall obtain insurance coverage, which includes personal and professional liability coverage. Cross References This section cited in 6 Pa. Code § 11.212 (relating to applicability).

LEGAL ENTITY § 11.221. Responsibility. In addition to complying with the procedural regulations in this subchapter, the legal entity shall comply with the Department’s program licensure regulations for a center which the legal entity operates. Cross References This section cited …

§ 11.222. Corporations and partnerships. (a) If the legal entity is a corporation, it shall submit a copy of the articles of incorporation to the Department at the time of initial application for a license. (b) If the legal entity is a partnership, a copy of the agreement setting…

§ 11.223. Responsible person. The legal entity shall specify in writing at the time of application and reapplication the name of the person who is responsible for the daily administration and operation of the older adult daily living center. Cross References This section cited in…

§ 11.23. Annual survey questionnaire. At the Department’s direction, each center, on a form prescribed by the Department, shall complete and submit an annual survey questionnaire, which describes its programs and the clients it serves. Annual survey questionnaires will be due on …

APPLICATION § 11.231. Application form. (a) The legal entity responsible for a center subject to licensure under the act shall submit an application for a license prior to the inspection and issuance of a license by the Department. (b) The application for a license shall be compl…

§ 11.232. Reapplication. If the legal entity intends to continue operating a center, it shall reapply for a license by completing and submitting to the Department a reapplication form on the form prescribed and provided by the Department at least 60 days prior to the expiration o…

INSPECTION § 11.241. Annual inspection. An authorized agent of the Department will conduct an onsite inspection of a center at least once every 12 months. Cross References This section cited in 6 Pa. Code § 11.211 (relating to purpose); 6 Pa. Code § 11.212 (relating to applicabil…

§ 11.242. Announced inspections. The center will be advised in advance of the date of the annual inspection. The annual inspection will be an announced inspection and will occur during normal business hours. Cross References This section cited in 6 Pa. Code § 11.211 (relating to …

§ 11.243. Other inspections. (a) The center is subject to announced and unannounced onsite inspections. (b) Unannounced inspections not based on a complaint will occur during normal business hours. (c) Unannounced inspections based on a complaint may, as determined by the Departm…

§ 11.244. Access. (a) The center shall provide to authorized agents of the Department full access to the center and its records during announced and unannounced inspections. (b) The Department will exercise its right to enter, visit and inspect for the following purposes: (1) To …

§ 11.245. Search warrants. Upon a showing of reasonable cause to suspect that a specified center is being used in violation of the act or this subchapter, any district justice in the district wherein the center is located shall issue an administrative search warrant to any author…

FEES § 11.251. Payment of fees. The legal entity shall pay the applicable fee prior to the issuance or reissuance of a license. Cross References This section cited in 6 Pa. Code § 11.211 (relating to purpose); 6 Pa. Code § 11.212 (relating to applicability); and 6 Pa. Code § 11.2…

§ 11.252. Amount of fees. Issuance or reissuance of a license to a center is contingent upon receipt by the Department of an annual application or reapplication fee based on the maximum licensed capacity of the center, as follows: (1) Four to 10 clients—$10. (2) Eleven to 20 clie…

LICENSURE § 11.261. Issuance. A license will be issued to the legal entity by the Department if, after an inspection by an authorized agent of the Department, it is determined that requirements for a license are met. Cross References This section cited in 6 Pa. Code § 11.211 (rel…

§ 11.262. Plan of correction. If, during an inspection, authorized agents of the Department observe items of noncompliance with licensure regulations, the legal entity shall submit an acceptable written plan to correct each noncompliance item and establish a period of time accept…

§ 11.263. Regular license. A regular license is issued if the center is in compliance with applicable statutes, ordinances and regulations. Cross References This section cited in 6 Pa. Code § 11.211 (relating to purpose); 6 Pa. Code § 11.212 (relating to applicability); and 6 Pa.…

§ 11.264. Provisional license. (a) A provisional license is issued if the center is in substantial, but not complete, compliance with applicable statutes, ordinances and regulations. (b) An initial provisional license is issued for a specified length of time, not to exceed 6 mont…

§ 11.265. Interim license. (a) An interim license is issued to an applicant seeking to operate a center for the first time at a specified location, if the applicant is suitable, the premises are safe and the applicant is likely to comply substantially with applicable statutes, or…

§ 11.266. Preparation of license. (a) The license is issued to the legal entity. (b) The license lists the name of the legal entity, the name and address of the center, type of services provided, maximum capacity, title and subchapter of applicable license regulations, the date t…

§ 11.267. Posting of the license. The facility shall post the current license in a public place in the center. Cross References This section cited in 6 Pa. Code § 11.211 (relating to purpose); 6 Pa. Code § 11.212 (relating to applicability); and 6 Pa. Code § 11.213 (relating to a…

§ 11.268. Restrictions on the license. (a) A license is not transferable. (b) A license is void if one of the following conditions exist: (1) There is a change in the ownership of the legal entity, name or structure of the center, as set forth in § 11.269 (relating to change in o…

§ 11.269. Change in ownership, name or structure. (a) The Department shall be notified in advance of a potential change in ownership, licensee or name of the center. Change of ownership includes a sale of a center, a change in corporate structure or controlling interest in a cent…

§ 11.270. Notification of change. (a) The legal entity shall notify the Department at least 60 days in advance of the intention to change the legal entity, name, location or profit or nonprofit status of the facility. (b) If the facility is to be operated under a new legal entity…

NEGATIVE SANCTIONS § 11.281. Conditions for denial, nonrenewal or revocation. (a) One or more of the following occurrences shall constitute a sufficient basis for the Department to deny, refuse to renew or revoke a license: (1) Failure of the applicant or the premises to be used …

§ 11.282. Violation; penalty. A person operating a center within this Commonwealth without a license required by the act commits a summary offense and shall, upon conviction, be sentenced to pay a fine of not less than $50 nor more than $300, and costs of prosecution, and in defa…

APPEALS § 11.291. Decisions that may be appealed. The legal entity has the right to appeal one or more of the following: (1) The denial of a license. (2) The nonrenewal of a license. (3) The revocation of a license. Cross References This section cited in 6 Pa. Code § 11.12 (relat…

§ 11.292. Written request for appeal. The legal entity may appeal a Departmental decision specified in § 11.291 (relating to decisions that may be appealed) under procedures set forth in § § 3.6—3.11. The provisions of 1 Pa. Code Part II (relating to general rules of administrati…

§ 11.3. Definitions. The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise: ADL—Activities of Daily Living—The term includes bathing, dressing and undressing, grooming, eating, transferring in and …

STAFFING § 11.31. Minimum staff requirements. (a) Center staff persons promoted or hired on or after October 12, 1993, shall: (1) Meet the specific educational or experience and skill requirements in § § 11.34—11.37. (2) Meet training requirements in § 11.33 (relating to program …

§ 11.32. Necessary staff duties and responsibilities. (a) On or after October 12, 1993, a center shall carry out all of the duties and responsibilities of the positions contained in § § 11.34—11.37. (b) A staff person may simultaneously perform the duties and responsibilities of …

§ 11.33. Program staff orientation and training. (a) Providers shall, using center staff persons, outside resources, or both, provide program staff persons with the following: (1) A general orientation in the following areas, within 3 months of employment: (i) The purpose and goa…

§ 11.34. Program director/administrator. (a) There shall be one program director/administrator responsible for the center. (b) The program director/administrator shall be responsible for the administration and general management of the center, including the following: (1) Impleme…

§ 11.35. Nurse. (a) The center shall obtain the services of either a registered nurse, currently licensed in this Commonwealth, or a practical nurse, currently licensed in this Commonwealth, who is under the direction of a licensed professional nurse or a licensed physician. The …

§ 11.36. Activities coordinator. (a) Center staff persons shall include an activities coordinator who is responsible for the duties in § 11.123(4) (relating to core services). (b) The activities coordinator shall have a bachelor’s degree or 2 years experience in the human service…

§ 11.37. Program assistant/aide. (a) The center staff persons shall include a program assistant/aide responsible for duties which include: (1) Provision of personal care and assistance to clients. (2) Working with other staff members as required in implementing and carrying out s…

§ 11.38. Volunteers. (a) Volunteers, at the discretion of the center provider, may take part in program orientation and training, as described in § 11.33 (relating to program staff orientation and training). (b) Volunteer duties are mutually determined by volunteers and staff per…

§ 11.39. Staff-client ratio. (a) The program staff-client ratio shall be a minimum of one to seven at all times. (b) The staff persons shall be physically located close enough to clients to monitor their condition at all times and shall be able to respond immediately to an emerge…

§ 11.4. Admissions criteria. (a) A client admitted to a center shall meet the following criteria. The client shall: (1) Have a functional impairment and be in need of services, as determined by an intake screening process. (2) Be capable of being transported to and from the servi…

§ 11.401. Advisory committees. (a) Centers should establish advisory committees which meet at least twice a year to assure compliance with § 11.13 (relating to administration and organization) which provides written policies and procedures which are responsive to the needs of the…

§ 11.402. Specialized services. (a) To supplement the core services required in § 11.123 (relating to core services), centers should consider providing the following specialized services: (1) Physical therapy. (i) Physical therapy services are provided to restore or maintain maxi…