CHAPTER 6200. ROOM AND BOARD CHARGES

 (a)  This chapter specifies the requirements for charging room and board for clients living in community residential mental retardation facilities that receive funds through the County Mental Retardation Program.

 (b)  This chapter defines:

   (1)  The amount of money the client shall contribute toward the cost of room and board.

   (2)  The limit of State funds that the Department will contribute toward the cost of room and board.

   (3)  The process and requirements for charging and collecting room and board revenue.

 This chapter applies to County Mental Retardation Programs.

 The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

   Board—The client’s share of his food and food preparation costs.

   County Administrator—The administrator or designee of the County Mental Retardation Program.

   Department—The Department of Public Welfare of the Commonwealth.

   Room—The client’s share of lodging costs, utility costs—for example, electricity, heating, water and sewage—and annual upkeep costs of the community residential mental retardation facility—for example, trash collection, general maintenance including necessary repairs and renovation costs.

   SSI—Supplemental Security Income.

   SSI maximum rate—The current maximum monthly supplemental security income benefit rate.

 The definition of ‘‘SSI maximum rate’’ does not include the American Recovery and Reinvestment Act of 2009 (Pub. L. No. 111-5) one-time $250 payment.

   The provisions of this §  6200.3a adopted May 29, 2009, effective May 30, 2009, 39 Pa.B. 2714.

GENERAL REQUIREMENTS

§ 6200.11. Responsibility for compliance.

 The county administrator shall comply with this chapter. The Department will not reimburse the county program for income lost as a result of noncompliance with this chapter.

 (a)  The county administrator has the authority to delegate the functions required in this chapter to providers of community mental retardation services.

 (b)  If functions required in this chapter are delegated to providers of community mental retardation services, the county administrator shall retain responsibility for compliance with this chapter.

 (a)  At least biannually, the county administrator shall monitor room and board charges and collections by community mental retardation service providers.

 (b)  The county mental retardation program shall retain documentation of biannually monitoring as specified in subsection (a).

 There may be no charge for room and board for respite care, as defined in §  6400.251 (relating to additional requirements for respite care), if respite care is provided for 30 or fewer consecutive days.

 The total amount charged for room and board to each client may not exceed the actual documented value of room and board provided to the client.

 If actual room and board costs are 72% or more of the SSI maximum rate, the following criteria shall be used in establishing room and board rates:

   (1)  If a client is funded through the county mental retardation program exclusively, the client’s share of room and board shall be 72% of the SSI maximum rate.

   (2)  If a client resides in a jointly certified domiciliary care and licensed community residential mental retardation facility, the client shall be assessed 72% of the SSI maximum rate which includes the domiciliary care supplement for room and board.

   (3)  If a client is funded through domiciliary care exclusively and resides in a certified domiciliary care facility, the Department of Aging’s regulations apply. See 6 Pa. Code Chapter 21 (relating to domiciliary care services for adults).

 (a)  If a client has earned wages, personal income from inheritance, social security or other types of income, the provider shall assess the client for his room and board according to the standard room and board contract as specified in §  6200.35 (relating to standard room and board contract) not to exceed the 72% of the SSI maximum rate.

 (b)  If a client is ineligible for SSI benefits, assistance shall be provided to the client in applying to the appropriate County Assistance Office for public assistance benefits.

 (c)  If available income is less than the SSI maximum rate, 72% of the available income shall be charged to fulfill the client’s monthly obligations for room and board.

 (d)  The client shall always be guaranteed at least $30 per month for spending money.

 (e)  If actual room and board charges to a client are less than 72% of the SSI maximum rate, the county mental retardation program shall retain on file documentation that:

   (1)  The actual value of the room and board is less than 72% of the current maximum SSI monthly benefit.

   (2)  The Social Security Administration not only denied the client’s initial application for SSI benefits, but also upheld that initial denial as a result of at least one appeal.

   (3)  Assistance has been provided in applying to the appropriate County Assistance Office for public assistance benefits.

   The provisions of this §  6200.17 adopted March 23, 1990, effective July 1, 1990, 20 Pa.B. 1706.

 (a)  A client shall be encouraged to apply for and be assisted in applying for food stamps, energy assistance, rent rebates and similar benefits.

 (b)  If energy assistance, rent rebates or similar benefits are received, the county mental retardation program shall deduct the value of these benefits from the county supplementation of the room and board costs, before reductions are made to the client’s share of room and board costs.

 (c)  As stated in 7 CFR 272.1(a) (relating to general terms and conditions), food stamps may not be considered as part of a client’s income or resources. The value of food stamps may not be used to increase the client’s share of room and board costs.

 Actual room and board costs shall be computed and documented each time a client signs a new standard room and board contract as specified in §  6200.35 (relating to standard room and board contract). Documentation of actual room and board costs shall be kept on file.

 If a portion or all of the client’s income is delayed for a month or more, the following apply:

   (1)  The requirements for the completion and signing of the standard room and board contract specified in §  6200.35 (relating to standard room and board contract) shall be fulfilled.

   (2)  The client, parent, guardian or representative payee, if applicable, shall be informed that no payment will be required or only a small amount of room and board costs will be required until retroactive monthly benefits are received. Back rent shall be charged to make up the accumulated difference between rent actually paid and rent charged according to the signed standard room and board contract specified in §  6200.35.

   The provisions of this §  6200.20 adopted March 23, 1990, effective July 1, 1990, 20 Pa.B. 1706.

STANDARD ROOM AND BOARD CONTRACT

§ 6200.31. Room and board contract.

 A client funded through the County Mental Retardation Program, or parent, guardian or representative payee, shall annually complete and sign the standard room and board contract as specified in §  6200.35 (relating to standard room and board contract).

 (a)  If a client pays his own rent directly to a landlord, but food is supplied through a provider agency, the word ‘‘room’’ shall be deleted from the standard room and board contract. The client shall pay 32% of the SSI maximum rate for board.

 (b)  If a client pays his rent to a provider agency, but the client purchases his own food, the word ‘‘board’’ shall be deleted from the standard room and board contract. The client shall pay 40% of the SSI maximum rate for room.

 (a)  If a client is adjudicated incompetent to handle his finances, the client’s legal guardian or representative payee shall sign the standard room and board contract.

 (b)  If a client is 18 years of age or older and is not the payee for his benefits, the representative payee, in addition to the client, shall sign the standard room and board contract.

 (c)  If the client is 17 years of age or younger, the client’s parent or legal guardian shall sign the standard room and board contract.

 (d)  The written standard room and board contract shall be completed and signed as follows:

   (1)  Prior to a client’s admission to a community residential mental retardation facility.

   (2)  Prior to a client’s transfer from one community residential mental retardation facility to another community residential mental retardation facility.

   (3)  Within 15 days after an emergency placement or transfer.

 (a)  A copy of the completed and signed standard room and board contract shall be given to the client, parent, guardian or representative payee.

 (b)  A copy of the completed and signed standard room and board contract shall be filed in the client’s record in the County Mental Retardation Program.

 The following standard room and board contract shall be used for clients funded through the county mental retardation program:

STANDARD ROOM AND BOARD CONTRACT

 THIS AGREEMENT, made on

   WITNESSETH:
Whereas, the client is participating in a program furnished by the provider agency; and
Whereas, room and board is furnished by the provider agency at

   (1) Client agrees to pay provider agency $

   (2) Client agrees to pay provider agency $

   (3) Client agrees to pay provider agency $

   (4) Client agrees to pay provider agency $

 (5) Payment shall be made on a monthly basis and shall be due and payable the first day of each month. Payments for periods of less than a month shall be pro-rated and shall be due and payable prior to leaving the facility.

 (6) Monies for room and board shall be paid to the person designated by the provider agency. Such person shall issue a reciept showing amount of payment and period covered.

 (7) If at any time the client’s total available income is less than the SSI maximum rate, 72% of the available income shall be charged to fulfill the client’s monthly obligation in Paragraph 1 of this Agreement. The client shall always be guaranteed at least $30 per month for spending money.

   SIGNED:

   The provisions of this §  6200.35 adopted March 23, 1990, effective July 1, 1990, 20 Pa.B. 1706; amended September 21, 1990, effective September 22, 1990, 20 Pa.B. 4864. Immediately preceding text appears at serial pages (146943) to (146945).

   This section cited in 55 Pa. Code §  6200.17 (relating to room and board charges from other sources of income); 55 Pa. Code §  6200.19 (relating to actual room and board costs); 55 Pa. Code §  6200.20 (relating to delay in client’s income); and 55 Pa. Code §  6200.31 (relating to room and board contract).