Pennsylvania Code & Bulletin

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 53 Pa.B. 7346 (November 25, 2023).

55 Pa. Code § 6100.303. Involuntary transfer or change of provider.

§ 6100.303. Involuntary transfer or change of provider.

 (a)  The following are the only grounds for a change in a provider or a transfer of an individual against the individual’s wishes:

   (1)  The individual is a danger to the individual’s self or others, at the particular service location, even with the provision of supplemental services.

   (2)  The individual’s needs have changed, advanced or declined so that the individual’s needs cannot be met by the provider, even with the provision of supplemental services.

   (3)  Meeting the individual’s needs would require a significant alteration of the provider’s program or building.

   (4)  Closure of the service location.

 (b)  The provider may not transfer an individual to another service provider against the individual’s wishes in response to an individual’s exercise of rights, voicing choices or concerns or in response to a complaint.

Cross References

   This section cited in 55 Pa. Code §  6100.304 (relating to written notice); and 55 Pa. Code §  6100.804 (relating to base-funding).

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