Regulation detail

Pa. Code 5221.53

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Pa. Code 5221.53 active

Recipient right of appeal

Jurisdiction: PA Agency: Pennsylvania Department of Human Services (OMHSAS) and Department of Drug and Alcohol Programs (DDAP)
CMHC (60%)
Plain-English summary

This section establishes appeal rights for recipients of intensive case management (ICM) services in Pennsylvania. Adults and children terminated from ICM over their objection (or a parent's objection for children 13 and under) may appeal the termination decision per established Mental Health/Mental Retardation bulletin procedures. Department actions for misutilization or abuse against ICM staff or consumers are also subject to appeal under Chapter 275.

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Regulation text
55 Pa. Code § 5221.53 - Recipient right of appeal 

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(a)

 Department actions for misutilization or abuse against a staff or consumer
 receiving intensive case management are subject to the right of appeal in
 accordance with Chapter 275 (relating to appeal and fair hearing and
 administrative disqualification hearings).

(b)
 Adults and children who have been
 terminated from intensive case management services over their objections, or
 the objection of a parent if the child is 13 years of age or younger, shall
 have the right to appeal the decision in accordance with procedures as outlined
 in Mental Retardation Bulletin Number 99-86-01 (a joint Mental Health/Mental
 Retardation Bulletin: Procedures for Review of Service Eligibility and
 Termination Decisions) effective January 17, 1986 and subsequent revisions of
 policy. Copies of the bulletin may be obtained from the county
 administrator.

Notes

55

 Pa. Code §
 
5221.53

This appendix cited in 55 Pa. Code §
 
5221.31
 (relating to
 responsibilities of providers).

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