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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 51 Pa.B. 676 (January 30, 2021).

55 Pa. Code § 6100.801. Agency with choice.


§ 6100.801. Agency with choice.

 (a)  Agency with choice (AWC) is a type of self-directed financial management service in which the agency is the common law employer and the individual or the individual’s representative is the managing employer.

 (b)  The requirements in this chapter do not apply to an AWC, with the exception of the following provisions:

   (1)  General provisions as specified in § §  6100.1—6100.3 (relating to general provisions).

   (2)  General requirements as specified in § §  6100.41—6100.44 (relating to general requirements) and 6100.46—6100.56.

   (3)  Training as specified in § §  6100.141—6100.143 (relating to training), except for the following that do not apply:

     (i)   The number of annual training hours in §  6100.143 (relating to annual training).

     (ii)   The training course in §  6100.143(c)(5).

     (iii)   The requirements for training in § §  6100.141—6100.143 for staff persons who work fewer than 30 days in a 12-month period.

   (4)  Individual rights as specified in § §  6100.181—6100.186.

   (5)  Individual plan as specified in § §  6100.221—6100.227.

   (6)  Restrictive procedures as specified in § §  6100.341—6100.350.

   (7)  Incident management as specified in § §  6100.401—6100.404.

 (c)  The AWC shall ensure that the managing employer complies with the requirements of the managing employer agreement.

 (d)  The AWC shall fulfill unmet responsibilities of the managing employer.

 (e)  The AWC shall identify and implement corrective action for managing employer performance in accordance with the managing employer agreement.

 (f)  The AWC shall develop and implement procedures to ensure that the managing employer reports incidents in accordance with this chapter.

 (g)  The AWC shall process and provide vendor goods and services authorized by the Department or the designated managing entity covered by the monthly per individual administrative fee.

 (h)  The AWC shall distribute a customer satisfaction survey to individuals who receive the financial management services, collect and analyze survey responses and act to improve services.

 (i)  If an AWC intends to close, a written notice shall be provided to the Department at least 60 days prior to the planned closure date. The written notice must include the following:

   (1)  The effective date of closure.

   (2)  A transition plan for each individual that affords choice.

 (j)  If an AWC intends to close, the AWC shall complete the following duties:

   (1)  Provide suggested time frames for transitioning the individual to a new provider.

   (2)  Continue to provide financial management services to individuals in accordance with this chapter and the managing employer agreement until the date of the closure or until the Department directs otherwise.

   (3)  Notify each individual in writing of the closure.

   (4)  Prepare individual records for transfer to the selected provider within 14 days of the selected provider’s accepting the transfer.

   (5)  Maintain data and records in accordance with this chapter until the date of the transfer.

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