Section 6211.64. Waiver of minimum occupancy rate

A provider may request a waiver of the minimum occupancy requirement at the time that a final cost report is submitted to the Department. The request for waiver of the minimum occupancy requirement shall be submitted in writing to the Deputy Secretary for Office of Developmental Programs. Documentation shall be submitted related to one or more of the following conditions:

(1) The facility is in its first year of operation.

(2) The facility is increasing or decreasing the number of certified beds.

(3) The facility operates less than 16 beds.

The provisions of this § 6211.64 amended June 8, 2012, effective July 1, 2011, in accordance with section 403.1(e) of the code, 42 Pa.B. 3261. Immediately preceding text appears at serial pages (213318) to (213319).

Notation

Authority

The provisions of this § 6211.64 amended under sections 201(2), 403(b) and 403.1 of the Public Welfare Code (code) (62 P. S. § § 201(2), 403(b) and 403.1), as amended by the act of June 30, 2011, (P. L. 80, No. 22) (Act 22).

Cross References

This section cited in 55 Pa. Code § 6211.63 (relating to occupancy level adjustment).