Regulation detail

Pa. Code 5320.33

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Pa. Code 5320.33 active

Resident/provider contract; information on resident rights

Jurisdiction: PA Agency: Pennsylvania Department of Human Services (OMHSAS) and Department of Drug and Alcohol Programs (DDAP)
MH_RESIDENTIAL (100%)
Plain-English summary

Within 24 hours of admission, the provider operating a Long-Term Structured Residence (LTSR) must develop a written resident/provider contract covering charges, payment responsibilities, house rules, and termination conditions, and must explain it to the resident and any designated person. The provider must request the resident's signature and document any refusal, ensuring that refusal has no bearing on services provided. Simultaneously, the provider must furnish and explain written information on resident rights, grievance procedures, and access to advocates per 55 Pa. Code § 5100.52.

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Regulation text
55 Pa. Code § 5320.33 - Resident/provider contract; information on resident rights 

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(a)
 Within 24 hours of a resident's
 admission, the provider shall develop a written contract with the resident that
 meets the minimum requirements listed in subsection (b). The provider shall
 explain the contents of the contract to the resident and designated person, if
 any. The provider shall sign the contract and shall request the resident's
 signature. If the resident refuses to sign, the provider shall document the
 attempts made to secure the resident's signature. The provider shall ensure
 that the resident's refusal to sign has no bearing on the treatment or services
 subsequently provided.

(b)
 The
 resident/provider contract shall include, at a minimum, the following: 
 
(1)
 The actual amount of allowable resident
 charges for each service or item.

(2)
 The party responsible for
 payment.

(3)
 The method for payment
 of long distance or collect charges for telephone calls.

(4)
 The conditions under which refunds will
 be made.

(5)
 The financial
 arrangements if assistance with financial management is to be
 provided.

(6)
 Limits on access to
 personal funds.

(7)
 The LTSR "house
 rules."

(8)
 The conditions under
 which the contract may be terminated, including cessation of operation of the
 LTSR.

(9)
 A statement that the
 resident is entitled to at least 30 days' advance notice, in writing, of the
 provider's intent to change the contract.

(c)
 Residents may be responsible for the cost
 of services or items not included in the per diem cost of care if these items
 are furnished at the request of the resident.

(d)
 In conjunction with explaining the
 contract, the provider shall give, and explain to, the resident written
 information on the resident's rights, on grievance procedures and on access to
 advocates, as specified at §
 
5100.52
 (relating to statement of
 principle).

Notes

55

 Pa. Code §
 
5320.33

This section cited in 55 Pa. Code §
 
5320.22
 (relating to governing
 body); 55 Pa. Code §
 
5320.25
 (relating to provider
 records); and 55 Pa. Code §
 
5320.63
 (relating to resident
 funds).

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