Pa. Code 5320.22

Governing body

This section establishes governance requirements for Long-Term Structured Residences (LTSRs), a mental health residential level of care licensed under 55 Pa. Code Chapter 5320. The governing body—whether nonprofit or for-profit corporation—must adopt written policies covering operations, personnel, resident rights, budgeting, anti-discrimination, medication, abuse reporting, and emergency procedures. It must also select a qualified program director, conduct annual program reviews, and ensure compliance with applicable mental health statutes and regulations.

55 Pa. Code § 5320.22 - Governing body 

 State Regulations 

 Compare

An LTSR shall be operated by either a nonprofit
 corporation established under 15 Pa.C.S. Part I, Subpart C (relating to
 nonprofit corporations) or a for-profit corporation established under 15
 Pa.C.S. Part I, Subpart B (relating to business corporations). The
 corporation's governing body has legal responsibility for the operation of the
 facility. The governing body shall:

(1)

 Adopt written policies for its own operation which include: 
 
(i)
 Criteria for the qualifications and
 methods of selection for governing body membership.

(ii)
 Frequency of meetings.

(iii)
 Procedures for conducting
 business.

(iv)
 Provisions for
 disclosure by members of conditions that may create a conflict of interest and
 procedures for dealing with conflict of interest
 situations.

(2)
 Select a
 program director qualified under §
 
5320.42
 (relating to staffing
 levels) who shall supervise the LTSR in accordance with the policies of the
 governing body and be officially responsible to the governing body.

(3)
 Conduct an annual review and evaluation
 of the LTSR's program activities, policies, procedures and program goals. This
 annual review and evaluation shall be documented.

(4)
 Adopt written program goals and
 objectives, including measurable anticipated outcomes.

(5)
 Develop and document the organizational
 structure.

(6)
 Administer funds
 needed to meet the written program goals and objectives.

(7)
 Develop, review and approve the annual
 budget and its modifications. These activities shall be documented.

(8)
 Develop and maintain written personnel
 policies for all staff.

(9)
 Develop
 written policies prohibiting discrimination against residents, prospective
 residents and all staff on the basis of age, race, sex, religion, handicap or
 disability, ancestry and ethnic origin, economic status or sexual preference,
 subject to applicable State and Federal statutes, including Chapter 5100
 (relating to mental health procedures), section 504 of the Rehabilitation Act
 of 1973 (29 U.S.C.A. §
 
794
) and the Americans with Disabilities Act
 of 1990 (42 U.S.C.A. §§
 
12101
-
12213
).

(10)
 Develop written policies to maintain a
 clean, healthful and therapeutic environment.

(11)
 Document provisions made to meet the
 laundry, food service, housekeeping and maintenance requirements of this
 chapter.

(12)
 Oversee the provision
 of services specified in this chapter.

(13)
 Adopt written policies for the operation
 of the LTSR which shall include:
(i)
 The
 protection of residents' rights as set forth in §§
 
5100.51
-
5100.56
 (relating to patient
 rights).

(ii)
 A resident grievance
 procedure guaranteeing a written response to the resident by the program
 director when informal methods of resolving complaints are
 unsuccessful.

(iii)
 Site specific
 policies and schedules for fire and emergency evacuation drills.

(iv)
 Medication policies consistent with §
 
5320.53
 (relating to
 medication).

(v)
 Policies covering
 the investigation and reporting of allegations of resident
 abuse.

(14)
 Develop
 written policies regarding the resident/provider contract as specified in §
 
5320.33
 (relating to
 resident/provider contract; information on resident rights).

(15)
 Review and document reported allegations
 of violations of resident rights in the LTSR and report the results of the
 review to the county administrator.

(16)
 Maintain copies of policies applicable
 to the LTSR onsite, and make them readily available to residents, family
 members and visitors.

(17)
 Comply
 with §
 
5100.11
(a) 

 (relating to adequate treatment), which requires compliance with other relevant
 statutes, regulations and professional standards.

(18)
 Comply with this chapter when there is a
 conflict or inconsistency with the provision of any other
 regulation.

Notes

55

 Pa. Code §
 
5320.22

This section cited in 55 Pa. Code §
 
6000.1003
 (relating to
 definitions).

State regulations are updated quarterly; we currently have two versions available.
 Below is a 
comparison between our most recent version and the prior quarterly release.

 More comparison features will be added as we have more versions to compare.

 No prior version found.

 State Regulations Toolbox