Pa. Code 6100.2

This section defines the applicability of Pennsylvania's Chapter 6100, which governs Home and Community-Based Services (HCBS) provided through Medicaid 1915(c) waiver programs and State plan HCBS for individuals with intellectual disability or autism, as well as county-funded intellectual disability programs under the Mental Health and Intellectual Disability Act of 1966. The chapter explicitly excludes intermediate care facilities, hospitals, nursing facilities, personal care homes, assisted living residences, licensed mental health facilities, and privately-funded programs. Operators of HCBS and community-based IDD services must ensure their programs fall within this chapter's scope and are not otherwise excluded.

55 Pa. Code § 6100.2 - Applicability 

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(a)
 This chapter
 applies to HCBS provided through waiver programs under section 1915(c) of the
 Social Security Act (42
 U.S.C.A. §
 
1396n(c)
) for
 individuals with an intellectual disability or autism.

(b)
 This chapter applies to State plan HCBS
 for individuals with an intellectual disability or autism.

(c)
 This chapter applies to intellectual
 disability programs, staffing and individual services that are funded
 exclusively by grants to counties under the Mental Health and Intellectual
 Disability Act of 1966 (
50 P.S. §§
 
4101
-
4704
) or Article XIV-B of the
 Human Services Code (
62 P.S. §§
 
1401-B
-1410-B).

(d)
 This chapter does not apply to the
 following:
(1)
 Intermediate care facilities
 licensed in accordance with Chapter 6600 (relating to intermediate care
 facilities for individuals with an intellectual disability).

(2)
 Hospitals licensed in accordance with 28
 Pa. Code Chapters 101-158 (relating to general and special
 hospitals).

(3)
 Nursing facilities
 licensed in accordance with 28 Pa. Code Chapters 201-211 (relating to long-term
 care facilities).

(4)
 Personal care
 homes licensed in accordance with Chapter 2600 (relating to personal care
 homes).

(5)
 Assisted living
 residences licensed in accordance with Chapter 2800 (relating to assisted
 living residences).

(6)
 Mental
 health facilities licensed in accordance with Chapters 5200, 5210, 5221, 5230,
 5300 and 5320.

(7)
 Privately-funded
 programs, services and placements.

(8)
 Services funded by other states and
 provided to individuals in this Commonwealth.

(9)
 A vendor fiscal employer agent model for
 self-directed financial management service.

(10)
 The adult community autism program that
 is funded and provided in accordance with the Federally-approved 1915(a) waiver
 program.

Notes

55

 Pa. Code §
 
6100.2

This section cited in 55 Pa. Code §
 
6100.43
 (relating to regulatory
 waiver); 55 Pa. Code §
 
6100.801
 (relating to agency with
 choice); 55 Pa. Code §
 
6100.804
 (relating to
 base-funding); and 55 Pa. Code §
 
6100.805
 (relating to vendor goods
 and services).

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