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COMMONWEALTH OF PENNSYLVANIA

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Pennsylvania Code



CHAPTER 2620. [Reserved]

Sec.


2620.1 and 2620.2.         [Reserved].
2620.3.         [Reserved].
2620.4.         [Reserved].
2620.5.         [Reserved].
2620.11—2620.14         [Reserved].
2620.15.         [Reserved].
2620.21 and 2620.22.         [Reserved].
2620.23 and 2620.24.         [Reserved].
2620.24a.         [Reserved].
2620.25—2620.28         [Reserved].
2620.31—2620.40         [Reserved].
2620.41.         [Reserved].
2620.51—2620.55         [Reserved].
2620.61—2620.67         [Reserved].
2620.71—2620.74         [Reserved].
2620.81—2620.83         [Reserved].

§ § 2620.1 and 2620.2. [Reserved].


Source

   The provisions of these § §  2620.1 and 2620.2 adopted August 28, 1981, effective August 29, 1981, 11 Pa.B. 2997; amended September 20, 1991, effective October 21, 1991, 21 Pa.B. 4363; reserved April 22, 2005, effective October 24, 2005, 35 Pa.B. 2499. Immediately preceding text appears at serial page (242445).

§ 2620.3. [Reserved].


Source

   The provisions of this §  2620.3 adopted August 28, 1981, effective August 29, 1981, 11 Pa.B. 2997; corrected December 18, 1987, effective July 27, 1985, 17 Pa.B. 5255; amended September 20, 1991, effective October 21, 1991, 21 Pa.B. 4363; reserved April 22, 2005, effective October 24, 2005, 35 Pa.B. 2499. Immediately preceding text appears at serial pages (242445) to (242449).

§ 2620.4. [Reserved].


Source

   The provisions of this §  2620.4 adopted August 28, 1981, effective August 29, 1981, 11 Pa.B. 2997; reserved September 20, 1991, effective October 21, 1991, 21 Pa.B. 4363. Immediately preceding text appears at serial page (128296).

§ 2620.5. [Reserved].


Source

   The provisions of this §  2620.5 adopted September 20, 1991, effective October 21, 1991, 21 Pa.B. 4363; reserved April 22, 2005, effective October 24, 2005, 35 Pa.B. 2499. Immediately preceding text appears at serial page (242449).

§ § 2620.11—2620.14. [Reserved].


Source

   The provisions of these § §  2620.11—2620.14 adopted August 28, 1981, effective August 29, 1981, 11 Pa.B. 2997; amended September 20, 1991, effective October 21, 1991, 21 Pa.B. 4363; reserved April 22, 2005, effective October 24, 2005 35 Pa.B. 2499. Immediately preceding text appears at serial pages (242449) to (242450) and (257369).

§ 2620.15. [Reserved].


Source

   The provisions of this §  2620.15 adopted August 28, 1981, effective August 29, 1981, 11 Pa.B. 2997; reserved September 20, 1991, effective October 21, 1991, 21 Pa.B. 4363. Immediately preceding text appears at serial page (97920).

§ § 2620.21 and 2620.22. [Reserved].


Source

   The provisions of these § §  2620.21 and 2620.22 adopted August 28, 1981, effective August 29, 1981, 11 Pa.B. 2997; amended September 20, 1991, effective October 21, 1991, 21 Pa.B. 4363; amended April 22, 2005, effective October 24, 2005, 35 Pa.B. 2499. Immediately preceding text appears at serial pages (257369) to (257371).

Notes of Decisions

   Evidence of Mobility (§  2620.21)

   An inspector’s testimony that a personal care boarding home client had inappropriately responded when asked to show the inspector the door was not substantial evidence of whether or not the client was independently mobile. Arcurio v. Department of Public Welfare, 557 A.2d 1171 (Pa. Cmwlth. 1989).

   Medical Evaluation (§  2620.21)

   The Department presented substantial evidence to show a person staying at a personal home care facility was a resident and therefore a physician certificate was required certifying that appropriate care was being given. Clites v. Department of Public Welfare, 548 A.2d 1345 (Pa. Cmwlth. 1988).

   Mobility Assessment (§  2620.21)

   Reliance on a doctor’s certificate by the operators of a personal care boarding home was reasonable in light of the fact that the client has not exhibited signs of needing assistance in walking and had not had a seizure while in the home. Arcurio v. Department of Public Welfare, 557 A.2d 1171 (Pa. Cmwlth. 1989).

   Nonrenewal of License (2620.22)

   Nonrenewal of a personal home care provider’s license for failure to maintain resident records for a minimum of 3 years after the resident has left the home, under Department regulations, was supported by substantial evidence. Clites v. Department of Public Welfare, 548 A.2d 1345 (Pa. Cmwlth. 1988).

§ § 2620.23 and 2620.24. [Reserved].


Source

   The provisions of these § §  2620.23 and 2620.24 adopted September 20, 1991, effective October 21, 1991, 21 Pa.B. 4363; amended April 22, 2005, effective October 24, 2005, 35 Pa.B. 2499. Immediately preceding text appears at serial pages (257371) to (257372).

§ 2620.24a. [Reserved].


Source

   The provisions of this §  2620.24a adopted August 20, 1993, effective upon publication and applies retroactively to July 1, 1993, 23 Pa.B. 3944; amended April 22, 2005, effective October 24, 2005, 35 Pa.B. 2499. Immediately preceding text appears at serial pages (257372) and (242455).

§ § 2620.25—2620.28. [Reserved].


Source

   The provisions of these § §  2620.25—2620.28 adopted September 20, 1991, effective October 21, 1991, 21 Pa.B. 4363; amended April 22, 2005, effective October 24, 2005, 35 Pa.B. 2499. Immediately preceding text appears at serial page (242455) to (242457).

§ § 2620.31—2620.40. [Reserved].


Source

   The provisions of these § §  2620.31—2620.40 adopted August 28, 1981, effective August 29, 1981, 11 Pa.B. 2997; amended September 20, 1991, effective October 21, 1991, 21 Pa.B. 4363; reserved April 22, 2005, effective October 24, 2005, 35 Pa.B. 2499. Immediately preceding text appears at serial pages (242457) to (242458) and (257373) to (357378).

Notes of Decisions

   Financial Management (§  2620.33)

   A personal home care provider, who assists a resident with financial management, must maintain a separate record of financial transactions and to document deposits and expenditures with written receipts, and failure to do so warrants nonrenewal of a license. Clites v. Department of Public Welfare, 548 A.2d 1345 (Pa. Cmwlth. 1988).

   Diagnosis (§  2620.38)

   This section specifically requires a physician to diagnose the condition of a resident before the provider is required to secure necessary assistance or care. Hays v. Beverly Enterprises, Inc., 766 F.Supp. 350 (1991); affirmed 952 F.2d 1392 (3rd. Cir. (Pa.) 1991).

   Mobility (§  2620.38)

   An inspector’s testimony that a personal care boarding home client had inappropriately responded when asked to show the inspector the door was not substantial evidence of whether or not the client was independently mobile. Arcurio v. Department of Public Welfare, 557 A.2d 1171 (Pa. Cmwlth. 1989).

§ 2620.41. [Reserved].


Source

   The provisions of this §  2620.41 adopted August 28, 1981, effective August 29, 1981, 11 Pa.B. 2997; reserved September 20, 1991, effective October 21, 1991, 21 Pa.B. 4363. Immediately preceding text appears at serial pages (141274) to (141275).

§ 2620.42. [Reserved].


Source

   The provisions of this §  2620.42 adopted August 28, 1981, effective August 29, 1981, 11 Pa.B. 2997; reserved September 20, 1991, effective October 21, 1991, 21 Pa.B. 4363. Immediately preceding text appears at serial page (141275).

§ § 2620.51—2620.55. [Reserved].


Source

   The provisions of these § §  2620.51—2620.55 adopted September 20, 1991, effective October 21, 1991, 21 Pa.B. 4363; reserved April 22, 2005, effective October 24, 2005, 35 Pa.B. 2499. Immediately preceding text appears at serial pages (242465) to (242469).

§ § 2620.61—2620.67. [Reserved].


Source

   The provisions of these § §  2620.61—2620.67 adopted September 20, 1991, effective October 21, 1991, 21 Pa.B. 4363; reserved April 22, 2005, effective October 24, 2005, 35 Pa.B. 2499. Immediately preceding text appears at serial pages (242470) to (242474).

§ § 2620.71—2620.74. [Reserved].


Source

   The provisions of these § §  2620.71—2620.74 adopted September 20, 1991, effective October 21, 1991, 21 Pa.B. 4363; amended April 22, 2005, effective November 24, 2005, 35 Pa.B. 2499. Immediately preceding text appears at serial pages (242474) to (242478).

§ § 2620.81—2620.83. [Reserved].


Source

   The provisions of these § §  2620.81—2620.83 adopted September 20, 1991, effective October 21, 1991, 21 Pa.B. 4363; reserved April 22, 2005, effective October 24, 2005, 35 Pa.B. 2499. Immediately preceding text appears at serial pages (242478) to (242481).



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