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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 § 6100.805. Vendor goods and services.

§ 6100.805. Vendor goods and services.

 (a)  A vendor is a directly-enrolled provider that sells goods or services to the general public, as well as to an HCBS program.

 (b)  The requirements in this chapter do not apply to vendor goods and services, with the exception of the following provisions that do apply.

   (1)  General provisions as specified in § §  6100.1—6100.3 (relating to general provisions).

   (2)  General requirements as specified in § §  6100.41—6100.44, 6100.46 (relating to protective services), 6100.47—6100.49 (relating to criminal history checks; funding, hiring, retention and utilization; and child abuse history certification) for services other than public transportation and indirect goods and services, 6100.51 (relating to complaints) and 6100.53—6100.56.

   (3)  Enrollment as specified in § §  6100.81—6100.85.

   (4)  Individual rights as specified in § §  6100.181—6100.186 for respite camps serving 25% or more people with disabilities.

   (5)  Individual plan as specified in § §  6100.221—6100.226. Respite camps serving fewer than 25% of people with disabilities are exempt from § §  6100.221—6100.225 and 6100.227 (relating to progress notes).

   (6)  Restrictive procedures as specified in § §  6100.341—6100.350 for respite camps serving 25% or more people with disabilities.

   (7)  Incident management as specified in § §  6100.401—6100.404 (relating to incident management) for respite camps serving 25% or more people with disabilities.

   (8)  General payment provisions as specified in § §  6100.481—6100.485.

   (9)  Enforcement as specified in § §  6100.741—6100.744.

 (c)  Payment for vendor goods and services will only be made after a good or service is delivered.

 (d)  The vendor may charge an administrative fee either as a separate invoice or as part of the total general invoice.

 (e)  The administrative fee specified in subsection (d) may not exceed the limit set by Federal requirements.

 (f)  A vendor shall charge the same fee for an HCBS as the vendor charges to the general public for the same good or service.

 (g)  A vendor shall document the fee for the good or service charged to the general public and for the HCBS.

 (h)  A vendor shall ensure that a subcontractor, as applicable, provides the vendor good or service in accordance with this chapter.

Cross References

   This section cited in 55 Pa. Code §  6100.802 (relating to support coordination, targeted support management and base-funding support coordination); and 55 Pa. Code §  6100.803 (relating to organized health care delivery system).

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