Current through Register Vol. 54, No. 44, November 2, 2024
The following process shall be used to determine the
eligibility of a prospective domiciliary care home provider and to certify a
prospective domiciliary care home.
(1)
The prospective provider application process should be conducted by the AAA in
conjunction with the domiciliary care home certification process. The interview
shall take place in the prospective provider's home and should be conducted at
the same time as the home inspection by the AAA.
(2) The prospective provider is responsible
for:
(i) Submitting a completed application to
the appropriate AAA on forms required by the Department.
(ii) Reviewing the rules and regulations of
the AAA and the Department regarding domiciliary care service.
(iii) Providing information requested by the
AAA at an interview conducted in the prospective provider's home by the
AAA.
(iv) Providing the AAA with
two written character references, other than relatives, which address the
suitability of the prospective provider to offer a homelike setting and care
for functionally-impaired persons, and the prospective provider's sensitivity
and capability in addressing the needs of potential clients.
(v) Providing the AAA with two written
financial references which address the prospective provider's current financial
situation and ability to function financially independently of client monthly
payments. If the prospective provider's home is mortgaged, one of the
references shall be from the mortgage-holding institution or person.
(vi) Providing the AAA with a report from a
physical examination which occurred no more than 6 months before the date the
AAA conducts the application process. The examination shall be performed by a
licensed physician and shall state that the prospective provider is physically
able to care for adults with difficulties in independent living and that the
provider is free from communicable disease or a medical condition that would
endanger clients. This physical examination shall include a test for
tuberculosis which may be either a chest x-ray or a tuberculin test. A physical
examination is required every 2 years thereafter, or at the request of the AAA.
At the determination of the AAA, other persons working or residing in the home
may be required to furnish verification of a physical examination by a licensed
physician which states that the person is physically able to care for adults
with difficulties in independent living and is free from communicable
disease.
(vii) Providing the AAA
with a signed statement verifying that the prospective provider has never been
convicted of a crime involving assaultive behavior or moral
turpitude.
(viii) Providing the AAA
with proof that the prospective home has a current, valid insurance policy
which would be adequate for the protection of providers in the event of a
client's accident, injury or property damage.
(ix) Furnishing the AAA with a statement from
the owner that the owner approves of the use of the home for providing
domiciliary care services, when the prospective home is rented, and that the
use of the home for domiciliary care services would not be in violation of
factors-that is, zoning, health and safety-set forth in §
21.27(3)
(relating to domiciliary care home certification and recertification
standards).
(3) The AAA
is responsible for:
(i) Providing information
to prospective providers on the nature of the service, home certification and
provider eligibility process and a description of the service
requirements.
(ii) Providing
necessary application forms and assistance to the prospective provider in
completing the forms.
(iii)
Requesting from the prospective provider the information required in paragraph
(2)(iv)-(ix) and obtaining verification from a State Police records search that
the statement received from the prospective provider regarding paragraph
(2)(vii) is correct. The AAA may request an FBI records search on a prospective
provider.
(iv) Presenting the
prospective provider with a copy of this chapter so that the prospective
provider can review it.
(v)
Arranging for an interview and home inspection with a prospective provider
within 30 days of the date on which the application was received and conducting
the interview with the prospective provider to obtain the requisite information
regarding the prospective provider and other persons who will live in the
prospective home-other than clients-to demonstrate that the prospective
provider has the capacity to perform as an acceptable provider.
(vi) Conducting and documenting an inspection
of the prospective home to assure that it meets the standards in §
21.27.
(vii) Requesting the
domiciliary care review team to review the application and recommend
appropriate action regarding prospective providers and homes for which the AAA
is unable to reach a determination of eligibility or decision on
certification.
(viii) Determining
the eligibility or ineligibility of the prospective provider, based on the
application, interview and, if applicable, the recommendation of the
domiciliary care review team.
(ix)
Certifying or not certifying the prospective domiciliary care home, based on
the standards in § 21.27.
(x)
Notifying the prospective provider, if the prospective provider is determined
ineligible to be a provider, or if the prospective home is determined to be not
certifiable, of the determination in written form which lists the reasons for
the decision and gives information on the prospective provider's right to
appeal and receive a fair hearing under Chapter 3 (relating to fair hearings
and appeals). The notification shall be provided within 30 days of the date on
which the determination of ineligibility was made by the AAA.
(xi) Notifying the provider, if the
prospective provider is found to be eligible and the home is certified, of the
determination of eligibility and certification, and placing the home on the
central registry of domiciliary care homes required in §
21.56 (relating to the central
registry of certified homes).
(xii)
Entering into a written agreement with the provider, on forms provided by the
Department, which sets forth the responsibilities of the AAA and the
provider.
(xiii) Issuing a
certificate of compliance to a certified domiciliary care
home.
This section cited in 6 Pa. Code §
21.29 (relating to redetermination
of provider eligibility and recertification of domiciliary care homes); 6 Pa.
Code §
21.52 (relating to AAA service
responsibilities); 6 Pa. Code §
21.55 (relating to AAA placement
activities); 6 Pa. Code §
21.56 (relating to central registry
of certified homes); 6 Pa. Code §
21.60 (relating to recordkeeping);
and 6 Pa. Code §
21.82 (relating to other provider
responsibilities).