Regulation detail

Pa. Code 2380.2

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Pa. Code 2380.2 active

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

This section establishes the applicability of Chapter 2380 to adult training facilities in Pennsylvania, requiring them to obtain an annual certificate of compliance from the Department. It covers profit, nonprofit, publicly-funded, and privately-funded facilities, including those operated on the grounds of community residential or ICF/IID settings. Certain programs are explicitly excluded, such as older adult daily living centers, vocational facilities, partial hospitalization facilities, and facilities operated by the Department or Department of Education.

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Regulation text
55 Pa. Code § 2380.2 - Applicability 

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(a)
 This chapter
 applies to adult training facilities, except as provided in subsection
 (f).

(b)
 This chapter contains the
 minimum requirements that shall be met to obtain a certificate of compliance.
 Each adult training facility will be inspected by the Department each year and
 shall obtain a certificate of compliance to operate or continue to
 operate.

(c)
 This chapter applies to
 profit, nonprofit, publicly-funded and privately-funded facilities.

(d)
 This chapter applies to adult training
 facilities operated on the grounds of or in a community residential
 rehabilitation mental health facility or a community home for individuals with
 an intellectual disability if permitted in accordance with Chapter 6400
 (relating to community homes for individuals with an intellectual
 disability).

(e)
 This chapter
 applies to adult training facilities operated on the grounds of or in a
 non-State operated intermediate care facility for individuals with an
 intellectual disability, unless it is medically necessary or in the
 individual's best interest to remain at home.

(f)
 This chapter does not apply to the
 following:
(1)
 Older adult daily living
 centers as defined in the Older Adult Daily Living Centers Licensing Act
 (
62
 P.S. §§
 
1511.1
-
1511.22
), serving four or
 more adults who are 60 years of age or older or adults who are 59 years of age
 or younger but have a dementia-related disease, such as Alzheimer's disease, as
 a primary diagnosis, but serving no more than three adults with disabilities
 who are 59 years of age or younger and who do not have a dementia-related
 disease as a primary diagnosis.

(2)

 Vocational facilities as defined in Chapter 2390 (relating to vocational
 facilities).

(3)
 Partial
 hospitalization facilities as defined in Chapter 5210 (relating to partial
 hospitalization).

(4)
 Summer
 recreation programs, camping programs and socialization clubs.

(5)
 Adult day care facilities located in
 nursing homes that serve only individuals who live in the nursing
 home.

(6)
 Adult training facilities
 operated by the Department or the Department of Education.

(7)
 Community homes for individuals with an
 intellectual disability licensed in accordance with Chapter 6400 and
 intermediate care facilities for individuals with an intellectual disability
 licensed in accordance with Chapter 6600 (relating to intermediate care
 facilities for individuals with an intellectual disability) that provide day
 services in the same building in which the individuals live to individuals who
 remain at home because they are medically unable to attend a community day
 program or because it is in the individual's best interest to remain at the
 home.

(8)
 Activities occurring at a
 location other than the facility and the facility grounds, during the time an
 individual is away from the facility.

Notes

55

 Pa. Code §
 
2380.2

The
 provisions of this § 2380.2 adopted December 29, 1978, effective
 
12/30/1978
, 8 Pa.B. 3820;
 amended January 15, 1993, effective 
1/16/1993
, 23 Pa.B. 343; amended June 17, 2016,
 effective 
6/18/2016
, 46 Pa.B.
 3177.

The provisions of this § 2380.2 amended under Articles
 IX and X of the Human Services Code (
62 P.S. §§
 
901
-
922
 and
 
1001
-
1088
).

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