§ 2800.28. Refunds.

 (a)  If, after the residence gives notice of transfer or discharge in accordance with §  2800.228(b) (relating to transfer and discharge), and the resident moves out of the residence before the 30 days are over, the residence shall give the resident a refund equal to the previously paid charges for rent, assisted living services and supplemental health care services, if applicable, for the remainder of the 30-day time period. The refund shall be issued within 30-days of transfer or discharge. The resident’s personal needs allowance shall be refunded within 2 business days of transfer or discharge.

 (b)  After a resident gives notice of the intent to leave in accordance with §  2800.25(b) (relating to resident-residence contract) and if the resident moves out of the residence before the expiration of the required 14 days, the resident owes the residence the charges for rent and assisted living services and supplemental health care services, or both, for the entire length of the 14-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 residence.

 (d)  If the residence 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 residence.

 (e)  In the event of the 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 living unit is cleared of the resident’s personal property. In the event of the death of a resident 60 years of age and older, the residence shall provide a refund in accordance with the Elder Care Payment Restitution Act (35 P. S. § §  10226.101—10226.107). The residence shall keep documentation of the refund in the resident’s record.

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

 (g)  Upon discharge of the resident or transfer of the resident, the administrator shall return the resident’s funds being managed or stored by the residence to the resident within 2 business days from the date the living unit is cleared of the resident’s personal property.



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