Pennsylvania Code
Title 55 - HUMAN SERVICES
Part I - Department of Human Services
Subpart C - Licensing/Approval
Chapter 20 - LICENSURE OR APPROVAL OF FACILITIES AND AGENCIES
GENERAL PROVISIONS
Section 20.4 - Definitions

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

Agency-An organization that operates facilities or provides services for which the Department has promulgated licensure or approval regulations.

Appeal-A signed and dated written request for reconsideration or modification of a Departmental decision that affects the certificate of compliance of a facility or agency.

Approval-Certification of compliance with program regulations promulgated under Article IX of the Public Welfare Code (62 P. S. §§ 901-922).

Certificate of compliance-A document issued to a legal entity permitting it to operate a specific type of facility or agency, at a given location, for a specified period of time, and according to appropriate Departmental program licensure or approval regulations.

Change of ownership-The sale or transfer of a facility or agency from one legal entity to another with the expectation that the facility or agency will con-tinue to operate for the same purpose for which it is licensed or approved at the time of the sale or transfer.

Denial-Refusal to issue a certificate of compliance to a new applicant.

Department-The Department of Public Welfare of the Commonwealth.

Existing facility or agency-A facility or agency that has been licensed or approved by the Department within the preceding 12 months.

Facility-Individual premises for which the Department has promulgated licensure or approval regulations.

Legal entity-A person, society, corporation, governing authority or partnership legally responsible for the administration and operation of a facility or an agency.

Licensure-Certification of compliance with program regulations promulgated under Article X of the Public Welfare Code (62 P. S. §§ 1001-1080).

New facility or agency-A facility or agency that has not been licensed or approved by the Department within the preceding 12 months.

Nonprofit-Operating other than for profit.

Nonrenewal-Refusal to renew a regular or provisional certificate of compliance.

Profit-Operating with the expectation of providing a financial benefit to someone or something other than the facility or agency itself. The focus is upon the ultimate aim of the enterprise, not the financial results of a particular period of operation. The focus is also upon the particular premises involved and not the legal entity which operates the facility or agency. A nonprofit legal entity may be considered as operating a facility or agency for profit if the particular premises involved provide a financial benefit to the parent legal entity. A legal entity not possessing a certificate of tax exempt status from the Internal Revenue Service will be considered operating for profit unless it provides satisfactory proof otherwise.

Provisional certificate of compliance-A certificate of compliance indicating substantial, but not complete, compliance with program licensure or approval regulations.

Regular certificate of compliance-A certificate of compliance indicating compliance with program licensure or approval regulations.

Revocation-Retraction of a certificate of compliance prior to its expiration.