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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 1806 (March 30, 2024).

6 Pa. Code § 20.22. Conditions of participation.

§ 20.22. Conditions of participation.

 (a)  Certification of accountability. As a condition of participation in the Program, an eligible primary caregiver shall sign a certification of accountability as provided under §  20.32 (relating to assessment and care management). The primary caregiver’s signature on the certification will attest to the truth of information provided during the assessment and will indicate the caregiver’s understanding of responsibility for compliance with Program requirements, especially those under § §  20.41—20.45 (relating to reimbursement benefits) which relate to the reimbursement of caregiver expenses and the penalties for violation of this chapter.

 (b)  Change of status. It is the responsibility of the primary caregiver to report to the area agency on aging any change of status in the caregiving situation which might affect eligibility for the Program or the service plan developed under §  20.32. Reportable changes include significant changes in the health status of the carereceiver, living arrangements or household income, the ability of the caregiver to provide the necessary care and the availability of informal supports to the care being provided.

 (c)  Documentation of information. The area agency on aging shall require a primary caregiver to document household income with a copy of Federal income tax returns from the previous calendar year. If the required tax return is unavailable, examples of other documentation which may be provided are listed under §  20.23 (relating to income). The area agency on aging may require a primary caregiver to document other eligibility-related information provided during assessment.

 (d)  Choice of available services.

   (1)  Individual carereceivers and their caregiver families may not receive the services of the Program and Level II Services of the OPTIONS Program simultaneously. The caregivers of carereceivers who are on a waiting list for OPTIONS Level II Services may be accepted into the Program until the carereceiver is admitted to Level II Services. When a place becomes available in Level II Services, the area agency on aging, in full consultation with a family which has been in the Program while on the waiting list for Level II Services, shall review the relative benefits and the appropriateness of the two programs and choose the one which is most appropriate. This provision does not preclude the possibility of an OPTIONS Level II care recipient living in the same residence as a separate carereceiver and caregiver who are eligible to receive benefits and services under this chapter.

   (2)  Carereceivers who are assessed under the OPTIONS Program and referred to Level I Services may receive these services, when appropriate, in addition to their primary caregiver receiving benefits and services from the Program.

 (e)  Protection from abuse. A substantiated case of abuse, neglect, exploitation, abandonment as defined in The Older Adults Protective Services Act (35 P. S. § §  10211—10224) or under another civil or criminal statute regarding an older adult, shall prohibit a caregiver from receiving benefits and services under this chapter unless authorized by the Department to prevent further abuse. The caregiver is required to certify on the certification of accountability under §  20.32 whether one or more of the following apply:

   (1)  The caregiver has been convicted of a crime relating to abuse, neglect, exploitation or abandonment of an older adult.

   (2)  The caregiver has been found civilly liable for abuse, neglect, exploitation or abandonment of an older adult.

   (3)  The caregiver has been notified that the caregiver is an alleged perpetrator in a substantiated report of need for protective services under The Older Adults Protective Services Act.

Cross References

   This section cited in 6 Pa. Code §  20.32 (relating to assessment and case management); 6 Pa. Code §  20.41 (relating to general reimbursement); and 6 Pa. Code §  20.45 (relating to Program violations and penalties).

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