§ 2600.25. Resident-home contract.

 (a)  Prior to admission, or within 24 hours after admission, a written resident-home contract between the resident and the home shall be in place. The administrator or a designee shall complete this contract and review and explain its contents to the resident and the resident’s designated person if any, prior to signature.

 (b)  The contract shall be signed by the administrator or a designee, the resident and the payer, if different from the resident, and cosigned by the resident’s designated person if any, if the resident agrees.

 (c)  At a minimum, the contract must specify the following:

   (1)  Each resident shall retain, at a minimum, the current personal needs allowance as the resident’s own funds for personal expenditure. A contract to the contrary is not valid. A personal needs allowance is the amount that a resident shall be permitted to keep for his personal use.

   (2)  A fee schedule that lists the actual amount of allowable resident charges for each of the home’s available services.

   (3)  An explanation of the annual assessment, medical evaluation and support plan requirements and procedures, which shall be followed if either the assessment or the medical evaluation indicates the need of another and more appropriate level of care.

   (4)  The party responsible for payment.

   (5)  The method for payment of charges for long distance telephone calls.

   (6)  The conditions under which refunds will be made, including the refund of admission fees and refunds upon a resident’s death.

   (7)  The financial arrangements if assistance with financial management is to be provided.

   (8)  The home’s rules related to home services, including whether the home permits smoking.

   (9)  The conditions under which the agreement may be terminated including home closure as specified in §  2600.228 (relating to notification of termination).

   (10)  A statement that the resident is entitled to at least 30 days’ advance notice, in writing, of the home’s request to change the contract.

   (11)  A list of personal care services to be provided to the resident based on the outcome of the resident’s support plan, a list of the actual rates that the resident will be periodically charged for food, shelter and services and how, when and by whom payment is to be made.

   (12)  Charges to the resident for holding a bed during hospitalization or other extended absence from the home.

   (13)  Written information on the resident’s rights and complaint procedures as specified in §  2600.41 (relating to notification of rights and complaint procedures).

 (d)  A home may not seek or accept payments from a resident in excess of one-half of any funds received by the resident under the Senior Citizens Rebate and Assistance Act (72 P. S. § §  4751-1—4751-12). If the home will be assisting the resident to manage a portion of the rent rebate, the requirements of §  2600.20 (relating to financial management) may apply. There may be no charge for filling out this paperwork.

 (e)  The resident, or a designated person, has the right to rescind the contract for up to 72 hours after the initial dated signature of the contract and pay only for the services received. Rescission of the contract must be in writing addressed to the home.

 (f)  The home may not require or permit a resident to assign assets to the home in return for a life care contract/guarantee. A life care contract/guarantee is an agreement between the legal entity and the resident that the legal entity will provide care to the resident for the duration of the resident’s life. Continuing care communities that have obtained a Certificate of Authority from the Insurance Department and provide a copy of the certificate to the Department are exempt from this requirement.

 (g)  A copy of the signed admission contract shall be given to the resident and a copy shall be filed in the resident’s record.

 (h)  The service needs addressed in the resident’s support plan shall be available to the resident every day of the year.

Cross References

   This section cited in 55 Pa. Code §  2600.25a (relating to rent rebates for residents of personal care homes—statement of policy); and 55 Pa. Code §  2600.231 (relating to admission).



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