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Subchapter B. ADULT SERVICES
GENERAL PROVISIONS Sec.
5310.11. Governing body.
5310.12. Policies and procedures manual.
5310.13. Administrative records and reports.
5310.14. Personnel management.
CLIENT CHARACTERISTICS
5310.21. Client characteristics.
SERVICES MANAGEMENT
5310.31. Program description.
5310.32. Intake.
5310.33. Residential service plan.
5310.34. Service agreement.
5310.35. Termination from program.
5310.36. Provider review of services management.
5310.37. Program closure.
5310.38. Notification in case of client emergency.
5310.39. Service linkages.
STAFFING
5310.41. Staffing and training.
CLIENT RECORDS
5310.51. Case record.
5310.52. Confidentiality.
CLIENT RIGHTS
5310.61. Nondiscrimination.
5310.62. Client rights in residence.
5310.63. Violation of client rights.
5310.64. Client right to inspect client record.
5310.65. Client right to compensation for work.
PHYSICAL FACILITY STANDARDS
5310.71. Site control.
5310.72. Safety procedures.
5310.73. Physical plant requirements.
DIET AND MEDICATION
5310.81. Medication.
5310.82. Nutrition.
GENERAL PROVISIONS
§ 5310.11. Governing body.
(a) Community residential rehabilitation services (CRRS) shall be provided by corporations or governmental entities.
(b) CRRS providers shall establish a governing body which has legal responsibility for the CRRS.
(c) The governing body shall adopt written policies for its own operation which include:
(1) Qualifications and methods of selection for governing body membership.
(2) Frequency of governing body meetings.
(3) Procedures for conducting governing body business.
(4) Provisions for disclosure by governing body members of all conditions which may create a conflict of interest and procedures for dealing with conflict of interest situations.
(d) The governing body shall:
(1) Select a director who shall supervise the CRRS in accordance with the policies established by the governing body and who shall be officially responsible to the governing body.
(2) Conduct an annual review and evaluation of the CRRS program activities, policies and procedures manual, program goals and objectives, and make any adjustments that are needed.
(3) Assure insurance coverage is in effect to the extent deemed necessary by the governing body to protect the governing body, staff, clients, and property of the CRRS and to meet the requirements of State and Federal law.
(4) Adopt written policies for guiding the operation of the CRRS which must include:
(i) Program goals and objectives, including measurable anticipated outcomes.
(ii) Program organizational structure.
(iii) Administration of funds to meet written goals of the program.
(iv) Review and approval of the annual budget and any modifications.
(v) Personnel policies and any modifications.
(vi) Client grievance procedure, which guarantees a written response to the client by the CRRS.
(5) Review all reported instances of violations of client rights in the CRRS and report the results of the review to the County Mental Health/Mental Retardation (MH/MR) Office.
Cross References This section cited in 55 Pa. Code § 5310.62 (relating to client rights in residence); and 55 Pa. Code § 5310.101 (relating to governing body).
§ 5310.12. Policies and procedures manual.
The director shall assure that a manual of community residential rehabilitation service (CRRS) policies and procedures is compiled and updated. The manual must provide an operations guide for the CRRS in implementing policies established by the governing body and this chapter.
Cross References This section cited in 55 Pa. Code § 5310.91 (relating to special requirements for community residential rehabilitation service (CRRS) serving children).
§ 5310.13. Administrative records and reports.
The director shall assure that administrative records and reports are established, maintained, and retained to guide the operations and reflect the programs of the community residential rehabilitation service (CRRS) and to demonstrate compliance with this chapter and other applicable statutes.
Cross References This section cited in 55 Pa. Code § 5310.91 (relating to special requirements for community residential rehabilitation service (CRRS) serving child) and in 55 Pa. Code § 5310.102 (relating to personnel management).
CLIENT CHARACTERISTICS
§ 5310.21. Client characteristics.
(a) A client placed in community residential rehabilitation service (CRRS) must:
(1) Be 18 years or older, or be an emancipated minor, unless the CRRS is operated under Subchapter C (relating to children services).
(2) Be psychiatrically disabled; as specified in § 5310.32(c)(1) (relating to intake).
(3) Have demonstrated, over a period of time, social maladjustment which prevents the client from living independently in the community.
(4) Have difficulties in social or personal adjustment associated with psychiatric disability, as demonstrated in reduced, lost or underdeveloped capacity for establishing and sustaining appropriate interpersonal relationships or for making and implementing decisions necessary for self-care and independent living.
(5) Be capable of self-preservation, according to the criteria established in § 5310.32(e).
(b) A client placed in CRRS may:
(1) Have additional handicaps provided the individual meets one of the criteria for self-preservation established in § 5310.32(e) (relating to intake).
(2) Need special diet or medication supervision, provided that the client does not need 24-hour nursing or medical care.
Cross References This section cited in 55 Pa. Code § 5310.91 (relating to special requirements for community residential rehabilitation service (CRRS) serving children) and 55 Pa. Code § § 5310.111 (relating to client characteristics).
SERVICES MANAGEMENT
§ 5310.31. Program description.
The community residential rehabilitation service (CRRS) must have a written program description which includes the following items:
(1) Written functional criteria for client enrollment and termination.
(2) Services to be provided in the residential program including:
(i) Housing.
(ii) Personal assistance, such as arrangements for meeting the nutritional needs of clients, assistance with medication, and developing self-care skills.
(iii) Psychosocial rehabilitation services to develop inter-personal and community living skills.
(3) Methods which will be used in delivering the services, such as individual goal planning, goal attainment scaling, classroom situations, individual instruction, counseling, group meetings, establishing social support network, task schedules, and the use of generic services.
Cross References Confidentiality
In prosecution for alleged sexual abuse of a minor who was referred to the care of a mental health care provider and assigned to live in the defendants home pursuant to a mentor program, the minors records, such as reports of alleged sexual and physical abuse of minor, individual service plans, psychiatric evaluations, visitation plans, clinical evaluations of the minor, medications prescribed, and notes of the mentor, are not protected by the psychotherapist-patient privilege even though the information is sensitive and may be confidential and protected from disclosure under 55 Pa. Code § § 5310.52 and 5310.142 and perhaps other provisions of the Mental Health Procedures Act, where there is no reference to confidential communications made or information given specifically by the minor. Commonwealth v. Simmons, 719 A.2d 336 (Pa. Super. 1998).
Cross References This section cited in 55 Pa. Code § 5310.32 (relating to intake); 55 Pa. Code § 5310.91 (relating to special requirements for community residential rehabilitation services (CRRS) serving children); and 55 Pa. Code § 5310.123 (relating to residential service plan).
§ 5310.34. Service agreement.
(a) There must be a written agreement between the CRRS provider and the client, which:
(1) Is negotiated during the intake process.
(2) Is signed by both parties.
(3) Specifies the arrangements and charges for housing and food.
(4) Specifies the goals to be achieved and services to be provided.
(5) Specifies the rights and responsibilities of the client.
(6) Includes a copy of the CRRS house rules, client rights, client grievance procedures, and termination policy.
(7) Specifies any liability for the cost of services other than room and board.
(8) Is updated and signed again whenever any of the terms change.
Cross References This section cited in 55 Pa. Code § 5310.32 (relating to intake); 55 Pa. Code § 5310.91 (relating to special requirements for community residential rehabilitation services (CRRS) serving children); and 55 Pa. Code § 5310.124 (relating to service agreement).
§ 5310.35. Termination from program.
(a) The community residential rehabilitation service (CRRS) must establish written termination criteria and procedures which must address the following two types of termination:
(1) Planned termination of services. The client, CRRS staff and, if appropriate, others responsible for the clients welfare agree that the client should leave the program and have planned and prepared for the move.
(2) Unplanned termination of services. The client drops out, requires hospital or nursing care, or demonstrates behavior that requires immediate removal.
(b) If the planned termination is a result of the client not living up to the terms of the service agreement, the CRRS must notify the client in writing of the decision, give an exit date, the reason for termination and indicate any recourse the client has under the client grievance procedures. A copy of the notice must be sent to each case management or treatment agency, specified in the individuals service plan.
(c) Within 2 weeks after the exit date, the CRRS must prepare a termination summary for each client terminated which must be included in the clients record and sent to the case management or treatment agency specified in the individuals service plan.
Cross References This section cited in 55 Pa. Code § 5310.91 (relating to special requirements for community residential rehabilitation service (CRRS) serving children); and 55 Pa. Code § 5310.126 (relating to termination from program).
§ 5310.36. Provider review of services management.
The community residential rehabilitation services (CRRS) procedures for an internal program monitoring process must be established and implemented. The procedures must include regular review of program activities and client service plans. The procedures must be designed to assess:
(1) The quality and timeliness of the individualized residential service plan process.
(2) The adequacy of program activities in meeting the anticipated outcomes expressed in the program goals and objectives.
(3) Whether coordination of the residential program with the comprehensive program needs of the clients served occurs.
Cross References This section cited in 55 Pa. Code § 5310.91 (relating to special requirements for community residential rehabilitation service (CRRS) serving children).
§ 5310.37. Program closure.
When the community residential rehabilitation service (CRRS) intends to cease operation, the governing body shall provide at least 30 days written notice to that effect to each client, to all case management/treatment agencies, to the County Mental Health/Mental Retardation (MH/MR) Office, and to the Office of Mental Health. The notice must contain the projected closing date. The Director shall ensure that CRRS staff actively participate in the establishment and implementation of relocation plans for the clients.
Cross References This section cited in 55 Pa. Code § 5310.91 (relating to special requirements for community residential rehabilitation service (CRRS) serving children); and 55 Pa. Code § 5310.127 (relating to program closure).
§ 5310.38. Notification in case of client emergency.
(a) In case of an emergency, serious illness or injury, the unplanned termination, or the death or impending death of a client, the Director or the Directors designee shall notify as soon as possible but within 24 hours:
(1) The person or persons designated by the client to be notified in such a case.
(2) Any case management/treatment agency responsible for the client.
(b) These notifications are subject to § 5310.52 (relating to confiden- tiality).
Cross References This section cited in 55 Pa. Code § § 5310.91 (relating to special requirements for community residential rehabilitation services (CRRS) serving children).
§ 5310.39. Service linkages.
(a) The community residential rehabilitation service (CRRS) must establish:
(1) Arrangements for emergency psychiatric care for clients, confirmed by a letter of agreement.
(2) Arrangements with the persons or agencies responsible for the clients mental health treatment to ensure ongoing care and coordination between the treatment service and the CRRS.
(3) Arrangements for emergency medical care for clients.
(b) The CRRS must make arrangements with individual practitioners or health care services to ensure ongoing medical and dental care for each client.
(c) All CRRSs must participate in the overall system of mental health care as defined in the County Mental Health/Mental Retardation (MH/MR) Plan. The CRRS must have a written agreement with the County MH/MR program which:
(1) Specifies the relationship of the CRRS with the county program case management system.
(2) Provides the continuity of care and information exchange.
(3) Indicates the procedure for reporting by the CRRS to the County program of the following:
(i) Client deaths.
(ii) Fire or other disaster rendering a CRRS site uninhabitable.
(iii) Program closure.
(iv) Reported instances of violations of clients rights in the CRRS.
Cross References This section cited in 55 Pa. Code § 5310.91 (relating to special requirements for community residential rehabilitation service (CRRS) serving children); and 55 Pa. Code § 5310.128 (relating to service linkage).
STAFFING
§ 5310.41. Staffing and training.
(a) The community residential rehabilitation service (CRRS) must have staff sufficient in number and qualifications to carry out the functions of CRRS which include supervision, personal assistance, and psychosocial rehabilitation services as indicated in the CRRS program description.
(b) Full-care CRRS must have staff onsite whenever a client is in the residence. Clients designated capable of self-preservation with minimal assistance, shall be served only in a Full-care CRRS.
(c) Partial-care CRRS must have staff onsite in a regularly scheduled staffing pattern including evenings and weekends. All CRRS where staff are on-call but not onsite for a portion of the time clients are in the residence are Partial-care CRRS.
(d) CRRS staff must have work experience or training relevant to performing the tasks and carrying out the responsibilities specified in their job descriptions.
(e) Clerical and other nonprogram staff must be employed as required to provide efficient program operations and to carry out the requirements of this chapter.
(f) A mental health professional shall supervise the client service plan process and shall sign each individual residential service plan and service plan review.
Cross References This section cited in 55 Pa. Code § 5310.91 (relating to special requirements for community residential rehabilitation service (CRRS) serving children); and 55 Pa. Code § 5310.131 (relating to staffing).
CLIENT RECORDS
§ 5310.51. Case record.
(a) A case record must be initiated at intake for each client, be maintained through the service period, and retained at least 5 years after the client leaves the program.
(b) Each case record must include the following information:
(1) The following client identifying information must be in the case record:
(i) Name.
(ii) Date of birth.
(iii) Sex.
(iv) Social security number.
(v) Religious affiliation, if client chooses to state the affiliation.
(vi) Date of entry into the CRRS.
(2) The following emergency and contact information must be in the case record:
(i) Name, address, telephone number, and contact person for the case management/treatment agency, if any.
(ii) Name, address, and telephone numbers of client family members of significant others.
(iii) Name and telephone number of the person designated by the client to be called in case of emergency.
(iv) Name and telephone number of clients personal physician or therapist, if applicable.
(3) The following medical/special information must be in the case record:
(i) Any dietary restrictions.
(ii) Medication regimen.
(iii) Medical problems, such as diabetes, heart disease and epilepsy.
(4) The following program information must be in the case record:
(i) Intake information.
(ii) Individuals residential service plan, dated and signed.
(iii) Name of the designated staff person for the client.
(iv) Service plan reviews and other reports of performance and progress which must be dated and signed.
(v) Referral activity, correspondence, reports of emergencies, accidents, and illness.
(vi) Dated and signed annual reassessments.
(vii) Dated and signed termination summary.
(viii) A copy of written agreement between the CRRS and the client.
(ix) Written consent for disclosure of information.
(c) Client case records must be:
(1) Legible and in ink or typewritten.
(2) Organized and maintained according to a uniform format so that information is readily located.
(d) The Director or his designee shall annually:
(1) Review client case records to monitor the nature and quality of the recording.
(2) Prepare a written summary of the review, including date, methods used and findings.
(3) Make adjustments in recording procedures as needed.
Cross References This section cited in 55 Pa. Code § 5310.38 (relating to notification in case of client emergency); 55 Pa. Code § 5310.91 (relating to community residential rehabilitation service (CRRS) serving children) and 55 Pa. Code § 5310.142 (relating to confidentiality).
CLIENT RIGHTS
§ 5310.61. Nondiscrimination.
The community residential rehabilitation service (CRRS) must have written policies and procedures to assure non-discrimination in the provision of services on the basis of age, race, color, religious creed, sex, national origin, ancestry or handicap.
Cross References This section cited in 55 Pa. Code § 5310.91 (relating to community residential rehabilitation service (CRRS) serving children) and 55 Pa. Code § 5310.151 (relating to client rights).
§ 5310.62. Client rights in residence.
The community residential rehabilitation service (CRRS) must insure that each client:
(1) Is free to communicate, associate, and meet privately with persons of the clients choice.
(2) Has access in reasonable privacy to a telephone in the building in which the client resides. A standard pay telephone may be used. Arrangements must be made by the CRRS with the clients for payment of long-distance calls.
(3) Has access to the United States mails, may write and send uncensored mail at the clients own expense and may receive, unopened, mail addressed to the client.
(4) Has the right to privacy of self and possessions.
(5) Has the right to confidentiality concerning information about the client.
(6) Is able to keep in the clients room personal possessions and items of furniture.
(7) Is encouraged to exercise the clients rights as a citizen, for example, voting.
(8) Is free to voice grievances and recommend changes in the policies and services of the CRRS in accordance with the client grievance procedure specified in § 5310.11(d)(4) (relating to governing body).
(9) Is not required to participate in research projects.
(10) Has the right to manage personal financial affairs.
(11) Has the right to practice the religion or faith of the clients choice.
Cross References This section cited in 55 Pa. Code § 5310.91 (relating to special requirements for community residential rehabilitation service (CRRS) serving children).
§ 5310.63. Violation of client rights.
No client may be subject to neglect, abuse, exploitation, or maltreatment by employes or other clients. The community residential rehabilitation service (CRRS) must have a written policy which prohibits such practices and which provides procedures for investigating, reporting and taking action on alleged violations of client rights. This procedure shall include review by the governing body of all reported instances of violations of client rights in the CRRS and reporting the results of the review to the County Mental Health/Mental Retardation (MH/MR) Office.
Cross References This section cited in 55 Pa. Code § 5310.91 (relating to special requirements for community residential rehabilitation service (CRRS) serving children).
§ 5310.64. Client right to inspect client record.
The community residential rehabilitation service (CRRS) must have written policy and procedures to assure that clients have the right to inspect their records. Clients must be informed of this right at program enrollment and provided information on the procedure for requesting to inspect their own record. Clients may be denied access to inspect portions of the record under the following conditions:
(1) The Director shall determine that:
(i) Disclosure of specific information would be a substantial detriment to the client; or
(ii) Disclosure of specific information would identify and breach the confidentiality of other persons.
(2) The denial of access must be recorded with justification in the clients record, and be dated and signed by the Director.
Cross References This section cited in 55 Pa. Code § 5310.91 (relating to special requirements for community residential rehabilitation service (CRRS) serving children); and 55 Pa. Code § 5310.151 (relating to client rights).
§ 5310.65. Client right to compensation for work.
The governing body shall assure that clients are paid in accordance with CFR Part 529 of the Federal Wage and Hours Regulations for all work performed that is of consequential economic benefit to the community residential rehabilitation service (CRRS) except:
(1) Personal housekeeping tasks related directly to the clients personal space or possessions.
(2) Shared responsibilities for regular household chores among a small group of residents.
Cross References This section cited in 55 Pa. Code § 5310.91 (relating to special requirements for community residential rehabilitation service (CRRS) serving children); and 55 Pa. Code § 5310.151 (relating to client rights).
PHYSICAL FACILITIES STANDARDS
§ 5310.71. Site control.
Each site used by a community residential rehabilitation service (CRRS) to house clients must be owned, held, leased, or otherwise controlled by the provider or a provider-affiliate.
Cross References Staff apartment, used for social and meeting area, as well as record and medication storage, would be required to qualify as use accessory to primary use of apartment building as residential, in order to allow community mental health center to use apartment building in compliance with zoning ordinance. Markley v. Carlisle Zoning Hearing Board, 527 A.2d 595 (Pa. Cmwlth. 1987).
Cross References This section cited in 55 Pa. Code § 5310.5 (relating to waiver of standards).
DIET AND MEDICATION
§ 5310.81. Medication.
(a) Self-medication shall be a goal for community residential rehabilitation service (CRRS) clients.
(b) CRRS programs shall establish and implement written policies and procedures regarding medications which meet legal restrictions regarding administration of medication. Medication policies and procedures shall include:
(1) How the goal of self-medication for clients is to be achieved.
(2) How clients who need assistance with medication prescribed for self-administration will receive it. For CRRS clients who need assistance, the least assistance necessary should be provided within the context of a planned program toward self-medication.
(3) The cirumstances under which the CRRS stores medications for clients. Storing medications is subject to the following limitations:
(i) Only medications which are prescribed for self-administration may be stored by the CRRS on site.
(ii) Medications stored by the CRRS must be kept in a locked container or a container in a locked room.
(iii) Medications shall be kept in their original prescription containers.
(4) Training of direct service staff about medications used by their clients, their purposes and function, major side effects and contraindications and recognition of signs that medication is not being taken or is being misused.
Cross References This section cited in 55 Pa. Code § 5310.91 (relating to special requirements for community residential rehabilitation service (CRRS) serving children); and 55 Pa. Code § 5310.172 (relating to nutrition).
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