Pennsylvania Code & Bulletin

• No statutes or acts will be found at this website.

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

6 Pa. Code § 21.28. Provider application and home certification process.

§ 21.28. Provider application and home certification process.

 The following process shall be used to determine the eligibility of a prospective domiciliary care home provider and to certify a prospective domiciliary care home.

   (1)  The prospective provider application process should be conducted by the AAA in conjunction with the domiciliary care home certification process. The interview shall take place in the prospective provider’s home and should be conducted at the same time as the home inspection by the AAA.

   (2)  The prospective provider is responsible for:

     (i)   Submitting a completed application to the appropriate AAA on forms required by the Department.

     (ii)   Reviewing the rules and regulations of the AAA and the Department regarding domiciliary care service.

     (iii)   Providing information requested by the AAA at an interview conducted in the prospective provider’s home by the AAA.

     (iv)   Providing the AAA with two written character references, other than relatives, which address the suitability of the prospective provider to offer a homelike setting and care for functionally-impaired persons, and the prospective provider’s sensitivity and capability in addressing the needs of potential clients.

     (v)   Providing the AAA with two written financial references which address the prospective provider’s current financial situation and ability to function financially independently of client monthly payments. If the prospective provider’s home is mortgaged, one of the references shall be from the mortgage-holding institution or person.

     (vi)   Providing the AAA with a report from a physical examination which occurred no more than 6 months before the date the AAA conducts the application process. The examination shall be performed by a licensed physician and shall state that the prospective provider is physically able to care for adults with difficulties in independent living and that the provider is free from communicable disease or a medical condition that would endanger clients. This physical examination shall include a test for tuberculosis which may be either a chest x-ray or a tuberculin test. A physical examination is required every 2 years thereafter, or at the request of the AAA. At the determination of the AAA, other persons working or residing in the home may be required to furnish verification of a physical examination by a licensed physician which states that the person is physically able to care for adults with difficulties in independent living and is free from communicable disease.

     (vii)   Providing the AAA with a signed statement verifying that the prospective provider has never been convicted of a crime involving assaultive behavior or moral turpitude.

     (viii)   Providing the AAA with proof that the prospective home has a current, valid insurance policy which would be adequate for the protection of providers in the event of a client’s accident, injury or property damage.

     (ix)   Furnishing the AAA with a statement from the owner that the owner approves of the use of the home for providing domiciliary care services, when the prospective home is rented, and that the use of the home for domiciliary care services would not be in violation of factors—that is, zoning, health and safety—set forth in §  21.27(3) (relating to domiciliary care home certification and recertification standards).

   (3)  The AAA is responsible for:

     (i)   Providing information to prospective providers on the nature of the service, home certification and provider eligibility process and a description of the service requirements.

     (ii)   Providing necessary application forms and assistance to the prospective provider in completing the forms.

     (iii)   Requesting from the prospective provider the information required in paragraph (2)(iv)—(ix) and obtaining verification from a State Police records search that the statement received from the prospective provider regarding paragraph (2)(vii) is correct. The AAA may request an FBI records search on a prospective provider.

     (iv)   Presenting the prospective provider with a copy of this chapter so that the prospective provider can review it.

     (v)   Arranging for an interview and home inspection with a prospective provider within 30 days of the date on which the application was received and conducting the interview with the prospective provider to obtain the requisite information regarding the prospective provider and other persons who will live in the prospective home—other than clients—to demonstrate that the prospective provider has the capacity to perform as an acceptable provider.

     (vi)   Conducting and documenting an inspection of the prospective home to assure that it meets the standards in §  21.27.

     (vii)   Requesting the domiciliary care review team to review the application and recommend appropriate action regarding prospective providers and homes for which the AAA is unable to reach a determination of eligibility or decision on certification.

     (viii)   Determining the eligibility or ineligibility of the prospective provider, based on the application, interview and, if applicable, the recommendation of the domiciliary care review team.

     (ix)   Certifying or not certifying the prospective domiciliary care home, based on the standards in §  21.27.

     (x)   Notifying the prospective provider, if the prospective provider is determined ineligible to be a provider, or if the prospective home is determined to be not certifiable, of the determination in written form which lists the reasons for the decision and gives information on the prospective provider’s right to appeal and receive a fair hearing under Chapter 3 (relating to fair hearings and appeals). The notification shall be provided within 30 days of the date on which the determination of ineligibility was made by the AAA.

     (xi)   Notifying the provider, if the prospective provider is found to be eligible and the home is certified, of the determination of eligibility and certification, and placing the home on the central registry of domiciliary care homes required in §  21.56 (relating to the central registry of certified homes).

     (xii)   Entering into a written agreement with the provider, on forms provided by the Department, which sets forth the responsibilities of the AAA and the provider.

     (xiii)   Issuing a certificate of compliance to a certified domiciliary care home.

Cross References

   This section cited in 6 Pa. Code §  21.29 (relating to redetermination of provider eligibility and recertification of domiciliary care homes); 6 Pa. Code §  21.52 (relating to AAA service responsibilities); 6 Pa. Code §  21.55 (relating to AAA placement activities); 6 Pa. Code §  21.56 (relating to central registry of certified homes); 6 Pa. Code §  21.60 (relating to recordkeeping); and 6 Pa. Code §  21.82 (relating to other provider responsibilities).

No part of the information on this site may be reproduced for profit or sold for profit.

This material has been drawn directly from the official Pennsylvania Code full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.