Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 51 Pa.B. 1768 (March 27, 2021).

55 Pa. Code § 4300.106. Title to fixed assets.

§ 4300.106. Title to fixed assets.

 (a)  Title to fixed assets which are depreciated under §  4300.105 (relating to depreciation allowances) shall remain with the contracted agency.

 (b)  Title to fixed assets which are expensed or loans amortized using county mental health and mental retardation funds shall remain with the county/joinder or the provider.

 (c)  If title remains with the county/joinder, contracted agencies may not sell, leave, donate or dispose of county fixed assets without written permission from the appropriate county authority. Upon termination or cancellation of the contract and within a fixed period determined in that contract, the county shall at its discretion:

   (1)  Retain possession for county use or permit the use of fixed assets by another provider of services.

   (2)  Dispose of fixed assets purchased with mental health and intellectual disability funds upon obtaining an independent appraisal of the fixed assets.

   (3)  Allow the contracted agency to purchase the fixed assets upon obtaining an independent appraisal of the fixed assets.

 (d)  If title remains with the provider under subsection (b), the fixed asset shall be made available by the provider for use in the county program for its useful life. If the provider holds title to the asset, the provider may pledge the asset as collateral for loans necessary to the agency.

 (e)  Income received when disposing of fixed assets, or received by the county in refunds from agencies, shall be used to reduce gross eligible expenditures in determining the amount eligible for Departmental participation.

Authority

   The provisions of this §  4300.106 amended under sections 201(2) and (8) and 202 of the Mental Health and Intellectual Disability Act of 1966 (50 P.S. § §  4201(2) and (8) and 4202).

Source

   The provisions of this §  4300.106 amended June 17, 2016, effective June 18, 2016, 46 Pa.B. 3177. Immediately preceding text appears at serial page (213208).

Cross References

   This section cited in 55 Pa. Code §  4300.81 (relating to applicability); 55 Pa. Code §  4300.102 (relating to fixed assets); 55 Pa. Code §  4300.111 (relating to applicability); 55 Pa. Code §  4300.114 (relating to agency schedule of charges); 55 Pa. Code §  4300.115 (relating to Department established fees); and 55 Pa. Code §  4300.116 (relating to county negotiated fees).



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