Pennsylvania Code & Bulletin

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 488 (January 27, 2024).

Pennsylvania Code



5320.31.    Admission criteria.
5320.32.    Admission authorization.
5320.33.    Resident/provider contract; information on resident rights.

§ 5320.31. Admission criteria.

 To be eligible for admission to an LTSR, a prospective resident shall:

   (1)  Be 18 years of age or older.

   (2)  Have had a physical examination and psychiatric evaluation not more than 6 months prior to application.

   (3)  Qualify for voluntary treatment under section 201 of the act (50 P. S. §  7201), or involuntary treatment under section 304, 305 or 306 of the act (50 P. S. § §  7304— 7306).

   (4)  Have a physician’s certification that the applicant does not require hospitalization, nursing facility care or a level of care more restrictive than an LTSR, written within 30 days before admission.

   (5)  Evidence a severe psychosocial disability as a result of serious mental illness that indicates a less restrictive level of care as inappropriate.

Cross References

   This section cited in 55 Pa. Code §  5320.1 (relating to scope).

§ 5320.32. Admission authorization.

 A person will not be admitted without an assessment and admission authorization. The provider shall ensure that the written assessment and admission authorization includes:

   (1)  Approval by the county administrator.

   (2)  An assessment of the prospective resident’s needs by the referring entity prior to admission. The assessment will include, at a minimum, the mental, physical and social needs of the prospective resident.

Cross References

   This section cited in 55 Pa. Code §  5320.1 (relating to scope).

§ 5320.33. Resident/provider contract; information on resident rights.

 (a)  Within 24 hours of a resident’s admission, the provider shall develop a written contract with the resident that meets the minimum requirements listed in subsection (b). The provider shall explain the contents of the contract to the resident and designated person, if any. The provider shall sign the contract and shall request the resident’s signature. If the resident refuses to sign, the provider shall document the attempts made to secure the resident’s signature. The provider shall ensure that the resident’s refusal to sign has no bearing on the treatment or services subsequently provided.

 (b)  The resident/provider contract shall include, at a minimum, the following:

   (1)  The actual amount of allowable resident charges for each service or item.

   (2)  The party responsible for payment.

   (3)  The method for payment of long distance or collect charges for telephone calls.

   (4)  The conditions under which refunds will be made.

   (5)  The financial arrangements if assistance with financial management is to be provided.

   (6)  Limits on access to personal funds.

   (7)  The LTSR ‘‘house rules.’’

   (8)  The conditions under which the contract may be terminated, including cessation of operation of the LTSR.

   (9)  A statement that the resident is entitled to at least 30 days’ advance notice, in writing, of the provider’s intent to change the contract.

 (c)  Residents may be responsible for the cost of services or items not included in the per diem cost of care if these items are furnished at the request of the resident.

 (d)  In conjunction with explaining the contract, the provider shall give, and explain to, the resident written information on the resident’s rights, on grievance procedures and on access to advocates, as specified at §  5100.52 (relating to statement of principle).

Cross References

   This section cited in 55 Pa. Code §  5320.22 (relating to governing body); 55 Pa. Code §  5320.25 (relating to provider records); and 55 Pa. Code §  5320.63 (relating to resident funds).

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