Pennsylvania Code & Bulletin

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. 8372 (December 31, 2022).

28 Pa. Code § 201.23. Closure of facility.

§ 201.23. Closure of facility.

 (a)  The administrator or owner shall notify the appropriate Division of Nursing Care Facilities field office at least 90 days prior to closure.

 (b)  If the facility is to be closed, the licensee shall notify the resident or the resident’s responsible person in writing.

 (c)  Sufficient time shall be given to the resident or the resident’s responsible person to effect an orderly transfer.

 (d)  No resident in a facility may be required to leave the facility prior to 30 days following receipt of a written notice from the licensee of the intent to close the facility, except when the Department determines that removal of the resident at an earlier time is necessary for health and safety.

 (e)  If an orderly transfer of the residents cannot be safely effected within 30 days, the Department may require the facility to remain open an additional 30 days.

 (f)  The Department is permitted to monitor the transfer of residents.

 (g)  The licensee of a facility shall file proof of financial responsibility with the Department to insure that the facility continues to operate in a satisfactory manner for a period of 30 days following the notice of intent to close.


   The provisions of this §  201.23 amended under section 803 of the Health Care Facilities Act (35 P. S. §  448.803); and section 2102(g) of The Administrative Code of 1929 (71 P. S. §  532(g)).


   The provisions of this §  201.23 adopted August 29, 1975, effective September 1, 1975, 5 Pa.B. 2233; amended May 26, 1978, effective May 27, 1978, 8 Pa.B. 1466; amended July 6, 1979, effective July 7, 1979, 9 Pa.B. 2252; amended April 23, 1982, effective April 24, 1982, 12 Pa.B. 1316; amended January 31, 1987, effective July 1, 1987, 17 Pa.B. 514; amended July 23, 1999, effective July 24, 1999, 29 Pa.B. 3999. Immediately preceding text appears at serial pages (202328) to (202329).

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