§ 2800.11. Procedural requirements for licensure or approval of assisted living residences; special care designation and dual licensure.

 (a)  Except for §  20.32 (relating to announced inspections), the requirements in Chapter 20 (relating to licensure or approval of facilities and agencies) apply to assisted living residences.

 (b)  Before a residence is initially licensed and permitted to open, operate or admit residents, it will be inspected by the Department and found to be in com-pliance with applicable laws and regulations including this chapter. The Department will reinspect newly licensed residences within 3 months of the date of initial licensure.

 (c)  After the Department determines that a residence meets the requirements for a license, the Department’s issuance or renewal of a license to a residence is contingent upon receipt by the Department of the following fees based on the number of beds in the residence, as follows:

   (1)  A $300 license application or renewal fee.

   (2)  A $75 per bed fee that may be adjusted by the Department annually at a rate not to exceed the Consumer Price Index. The Department will publish a notice in the Pennsylvania Bulletin when the per bed fee is increased.

 (d)  A person, organization or program may not use the term ‘‘assisted living’’ in any name or written material, except as a licensee in accordance with this chapter. Corporate entities which own subsidiaries that are licensed as assisted living residences may not use the term ‘‘assisted living’’ in any written material to market programs that are not licensed in accordance with this chapter.

 (e)  Multiple buildings located on the same premises may apply for a single assisted living residence license.

 (f)  A licensed assisted living residence may submit an application and a $150 application fee to the Department requesting special care designation. If the Department determines that the residence meets the requirements for special care designation, the residence will be issued a license indicating special care designation.

 (g)  A licensed personal care home may submit an application to the Department requesting dual licensure if the licensed personal care home and the assisted living residence are collocated in the same building and are each located in a distinct part of the building. If the Department determines that the licensed facility meets all of the requirements of this chapter, the facility will be issued a dual license.

   (1)  A facility that is dually licensed may not segregate residents or transfer residents from one licensed facility to another based on payment source.

   (2)  A facility that is dually licensed may request approval from the Department to share the administrator for the two licensed facilities by requesting a waiver of the administrator hourly staffing requirements contained in §  2800.56 (relating to administrator staffing). The qualifications for a shared administrator must be as set forth in this chapter.

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