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6 Pa. Code § 15.45. Situations involving State-licensed facilities.

§ 15.45. Situations involving State-licensed facilities.

 (a)  General. The following apply to investigations of reports concerning older adults who reside in State-licensed facilities:

   (1)  The agency continues to maintain its general responsibility for protective services when a licensing agency assumes the role of investigating a report received by the agency.

   (2)  The response times provided in §  15.42(a) (relating to standards for initiating and conducting investigations) for initiating investigations of reports apply to initiating investigations of reports under this section. The initiation of the investigation under subsection (c) is accomplished by the referral of the report to the appropriate administrative office.

   (3)  The supervisor of a protective services caseworker who initiates an investigation under this section shall be informed during the current day or next day of normal agency operating hours concerning the report and shall consult frequently with the caseworker about the progress and findings of the investigation.

   (4)  The agency shall notify the area agency on aging ombudsman of reports and investigations concerning older adults residing in State licensed facilities for which the area agency on aging provides ombudsman services. In situations that ombudsman services, as established by section 712(g) of the Older Americans Act of 1965 (42 U.S.C.A. §  3058g) and section 2207-A of The Administrative Code of 1929 (71 P. S. §  581-7(d)), are determined to be appropriate, the agency shall request those services from the ombudsman.

 (b)  Agency coordination with the licensing agency.

   (1)  Except as provided under subsection (c), the agency shall notify the appropriate licensing agency under procedures developed by the Department, in consultation with the licensing agency

     (i)   Notification shall identify the facility, the older adult and the nature of the report.

     (ii)   Notification shall be made immediately by telephone or facsimile to the appropriate field office of the Department of Health that an investigation has been initiated in a facility licensed by the Department of Health.

     (iii)   Notification shall be made immediately by telephone or facsimile to the appropriate field office or central office of the Department of Public Welfare that an investigation has been initiated in a facility licensed by the Department of Public Welfare.

   (2)  During the course of the investigation, the agency shall coordinate its investigative activities and findings with the licensing agency to avoid duplication of effort and to foster jointly developed remedies to situations requiring protective services intervention.

 (c)  State-operated mental health and mental retardation facilities. If the agency receives a report concerning an older adult who resides in a facility operated by the Department of Public Welfare under its Office of Mental Health or its Office of Mental Retardation, the agency shall provide for an investigation of that report as follows:

   (1)  The protective services caseworker or investigator to whom the report is referred shall initiate the investigation by referring the report to the appropriate administrative office under procedures jointly developed by the Department and the Department of Public Welfare for investigation under their patient rights program. The jointly developed procedures provide for specific points of contact between the agency and the Department of Public Welfare and establish a system which assures that the agency will be kept fully informed of the activities, findings and results of investigations through written records of the investigative activities and remedial actions as they develop.

   (2)  The agency shall closely monitor an investigation referred under paragraph (1) to determine that the investigation is effectively implemented and that appropriate remedies have been effected to correct the situation which led to the making of the report. The referral of an investigation to the Office of Mental Health or Office of Mental Retardation does not relieve the agency of its mandated authority and responsibility to provide protective services. If the agency determines that an older adult’s need for protective services is not adequately being met under paragraph (1), the agency shall intervene and conduct its own investigation.


   The provisions of this §  15.45 amended May 17, 2002, effective May 18, 2002, 32 Pa.B. 2412. Immediately preceding text appears at serial pages (228906) to (228908).

Cross References

   This section cited in 6 Pa. Code §  15.112 (relating to uses of funding authorized by the act); and 6 Pa. Code §  15.155 (relating to investigation).

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