§ 2600.28. Refunds.

 (a)  If, after the home gives notice of discharge or transfer in accordance with §  2600.228(b) (relating to notification of termination), and the resident moves out of the home before the 30 days are over, the home shall give the resident a refund equal to the previously paid charges for rent and personal care services for the remainder of the 30-day time period. The refund shall be issued within 30-days of discharge or transfer. The resident’s personal needs allowance shall be refunded within 2 business days of discharge or transfer.

 (b)  After a resident gives notice of the intent to leave in accordance with §  2600.228(b) and if the resident moves out of the home before the expiration of the required 30 days, the resident owes the home the charges for rent and personal care services for the entire length of the 30-day time period for which payment has not been made.

 (c)  If no notice is required, as set forth in subsection (d), the resident shall be required to pay only for the nights spent in the home.

 (d)  If the home does not require a written notice prior to a resident’s departure, the administrator shall refund the remainder of previously paid charges to the resident within 30 days of the date the resident moved from the home.

 (e)  In the event of a death of a resident under 60 years of age, the administrator shall refund the remainder of previously paid charges to the resident’s estate within 30 days from the date the room is cleared of the resident’s personal property. In the event of a death of a resident 60 years of age and older, the home shall provide a refund in accordance with the Elder Care Payment Restitution Act (35 P. S. § §  10226.101—10226.107). The home shall keep documentation of the refund in the resident’s record.

 (f)  Within 30 days of either the termination of service by the home or the resident’s leaving the home, the resident shall receive an itemized written account of the resident’s funds, including notification of funds still owed the home by the resident or a refund owed the resident by the home. Refunds shall be made within 30 days of discharge.

 (g)  Upon discharge of the resident or transfer of the resident to a higher level of care, the administrator shall return the resident’s funds being managed or stored by the home to the resident within 2 business days from the date the room is cleared of the resident’s personal property.



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