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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 1032 (February 24, 2024).

6 Pa. Code § 21.82. Other provider responsibilities.

§ 21.82. Other provider responsibilities.

 (a)  The provider shall pay a client for work performed which is of a consequential economic benefit to the provider. This work shall be paid for under 29 CFR Part 529 (relating to employment of patient workers in hospitals and institutions at subminimum wages) and the Fair Labor Standards Act of 1938 (29 U.S.C.A. § §  201—219).

 (b)  The provider may not enter into a contract to keep or care for a client for the remainder of the client’s life.

 (c)  The provider shall assure that clients in the home are informed of, and afforded, the rights delineated in §  21.91 (relating to client rights).

 (d)  The provider may not accept a power of attorney, a designation as representative to receive Social Security payments or the legal guardianship from a client, unless prior written approval is received from the AAA.

 (e)  The provider shall permit members of a client’s family, community service organizations and representatives of community legal service programs and the Department to have access to the domiciliary care home during the home’s visitation hours or by appointment for the purpose of visiting or rendering assistance to a client or informing clients of the availability of services and assistance. The visitation hours shall be at a reasonable time of day and a reasonable amount of time shall be allowed for visitation.

 (f)  The provider shall permit access to the home for the AAA to conduct follow-up interviews, inspections and emergency visits under § §  21.29(1)(i) and (ii) (relating to redetermination of provider eligibility and recertification of domiciliary care homes).

 (g)  The provider shall have a physical examination at least every 2 years to demonstrate that the provider continues to meet the criteria and responsibilities in § §  21.26(3) and 21.28(2)(vi) (relating to domiciliary care home provider eligibility; and provider application and home certification process).

 (h)  The provider shall maintain in force an insurance policy in accordance with the specifications in §  21.28(2)(viii) (relating to provider application and home certification process).

 (i)  By July 6, 1990, a current provider shall successfully complete a training program offered under §  21.52(5) (relating to AAA service responsibilities) and a basic life support course in Cardiopulmonary Resuscitation (CPR) and Basic First Aid offered through a local Red Cross Chapter or other similar resource. Failure to complete these training programs may lead to the removal of provider certification by the AAA.

 (j)  A provider determined to be eligible after January 6, 1990 shall meet the requirements of subsection (i) within 6 months of the date their eligibility determination was made by the AAA.

 (k)  After-receiving initial training, a provider shall maintain certification in CPR and Basic First Aid by completing requisite course updates at intervals prescribed by the training resources—for example, the Red Cross.

Cross References

   This section cited in 6 Pa. Code §  21.52 (relating to AAA service responsibilities); 6 Pa. Code §  21.55 (relating to AAA placement activities); and 6 Pa. Code §  21.81 (relating to provider financial accountability).

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