§ 2600.53. Qualifications and responsibilities of administrators.

 (a)  The administrator shall have one of the following qualifications:

   (1)  A license as a registered nurse from the Department of State.

   (2)  An associate’s degree or 60 credit hours from an accredited college or university.

   (3)  A license as a licensed practical nurse from the Department of State and 1 year of work experience in a related field.

   (4)  A license as a nursing home administrator from the Department of State.

   (5)  For a home serving 8 or fewer residents, a general education development diploma or high school diploma and 2 years direct care or administrative experience in the human services field.

 (b)  The administrator shall be 21 years of age or older.

 (c)  The administrator shall be responsible for the administration and management of the home, including the health, safety and well-being of the residents, implementation of policies and procedures and compliance with this chapter.

 (d)  The administrator shall have the ability to provide personal care services or to supervise or direct the work to provide personal care services.

 (e)  The administrator shall have knowledge of this chapter.

 (f)  The administrator shall have the ability to comply with applicable laws, rules and regulations, including this chapter.

 (g)  The administrator shall have the ability to maintain or supervise the maintenance of financial and other records.

 (h)  The administrator shall be free from a medical condition, including drug or alcohol addiction, that would limit the administrator from performing duties with reasonable skill and safety.

Cross References

   This section cited in 55 Pa. Code §  2800.53 (relating to qualifications and responsibilities of administrators).

Notes of Decisions

   Credentialing Requirements within Scope of Statute

   Even though authorizing statute only requires a demonstration of competency in specified areas, where authorizing statute gave the Department of Public Welfare specific power to promulgate regulations to provide the ‘‘standards for knowledge, education or training’’ necessary to be qualified as a personal care administrator, Department’s regulation requiring credentialing did not exceed scope of the authorizing statute. Northern Area v. Department of Public Welfare, 899 A.2d 1182, 1190 (Pa. Cmwlth. 2006).

   Personal Care Standards Priority

   A claim that a regulation causes increased costs that will not be reimbursed by Medicare is not a violation of due process rights or a regulatory taking; the Department of Public Welfare’s regulations are promulgated based on the standards that need to be met to insure the welfare of personal care residents, not upon what the federal government decides to reimburse for those services. Northern Area v. Department of Public Welfare, 899 A.2d 1182, 1191 (Pa. Cmwlth. 2006).



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