Section 21.41. Departmental responsibilities

The Department is responsible for the following activities under this chapter:

(1) To develop regulations and to supervise and administer domiciliary care service on the State level under section 2203-A(16) and (19) of The Administrative Code of 1929 (71 P. S. § 581-3(16) and (19)).

(2) To provide technical assistance to AAAs and other community organizations and persons regarding domiciliary care service.

(3) To issue program directives, forms and assessment instruments under this chapter.

(4) To monitor and evaluate AAAs with regard to the provision of domiciliary care service.

(5) To conduct hearings and appeals regarding domiciliary care service under Chapter 3 (relating to fair hearings and appeals).

(6) To determine the monthly dollar amount which clients shall pay to providers for domiciliary care provider services. The determination shall be issued at least annually by the Department through the Department’s program directive process, based on the annual cost of living increase to clients who receive SSI. Increases will normally be apportioned so that 82% of the client’s total monthly domiciliary care payment—that is, the Federal SSI payment plus the State supplement plus the domiciliary care supplement—is given as a monthly fee to the provider, and 18% retained by the client, although the Department may revise this distribution if warranted by economic circumstances. Private-pay clients in the domiciliary care program shall pay the same monthly dollar amount to the provider as do the clients who are SSI recipients.

(7) To act as the standard-setting authority for domiciliary care service under 45 CFR Part 1397 (relating to standard setting requirements for medical and nonmedical facilities where SSI recipients reside) and to work with the Department of Public Welfare for enforcement of the standards set for domiciliary care homes in accordance with established procedures.

Notation

Cross References

This section cited in 6 Pa.B. § 21.54 (relating to AAA care plan responsibilities); and 6 Pa. Code § 21.92 (relating to client responsibilities).