Subchapter A. GENERAL PROVISIONS


Sec.


5310.1.    Legal base.
5310.2.    Policy.
5310.3.    Applicability.
5310.4.    Certification of compliance.
5310.5.    Waiver of standards.
5310.6.    Definitions.

§ 5310.1. Legal base.

 The legal base for this chapter is Article IX of the Public Welfare Code (62 P. S. § §  901—922).

§ 5310.2. Policy.

 (a)  Community Residential Rehabilitation Services (CRRS) are specifically designed and operated to assist persons with chronic psychiatric disability to live as independently as possible through the provision of training and assistance in the skills of community living and by serving as an integrating focus for the person’s rehabilitation. CRRS are defined, regulated and operated to implement the principle of least restrictive service alternative. An individual shall be served by CRRS only for so long as the services are consistent with his need for services.

 (b)  The CRRS can exist only in a system of services for their clientele and cannot function without ties to other service providers. Rehabilitation of severely psychiatrically disabled individuals requires many and diverse services: CRRS have as their part in the process the development of the clients’ skills for independent living and for community participation while more general social and vocational skills are developed and treatment occurs. CRRS’ have an obligation to work cooperatively with other service agencies and with local coordinating and planning groups toward the development and operation of a comprehensive service system which can meet the needs of chronically mentally ill persons in a continuous, timely and coordinated manner.

 (c)  The CRRS have the following essential characteristics:

   (1)  A homelike, noninstitutional environment providing maximum opportunity to learn the skills necessary for more independent living.

   (2)  A residential setting providing each client with maximum possible autonomy, independence and self-determination.

   (3)  A program which constantly strives to enable clients to move to less restrictive living settings.

   (4)  Responsible staff to support and assist the client as needed in his movement to independence.

   (5)  Well-developed cooperative efforts with other agencies in the service delivery system to ensure coordinated, continuous and effective services for the rehabilitation of clients.

 (d)  This chapter prescribes standards for certification to operate Mental Health Community Residential Rehabilitation Services in this Commonwealth. Funding through the County Mental Health/Mental Retardation (MH/MR) program may be provided for the establishment and operation of CRRS. This chapter is not intended to confer eligibility for County MH/MR funding although the issuance of a certificate of compliance under this chapter and Chapter 20 (relating to licensure or approval of facilities and agencies) does constitute one condition of eligibility for the funding.

Notes of Decisions

   Use of community apartment building to house chronic psychiatric patients, where clients lived independently in apartment units, would not change legal nonconforming use of building so as to make it violative of zoning ordinance. Markley v. Carlisle Zoning Hearing Board, 527 A.2d 595 (Pa. Cmwlth. 1987).

§ 5310.3. Applicability.

 (a)  This chapter applies to providers of full-care or partial-care community residential rehabilitation services, or both, as defined in §  5310.6 (relating to definitions).

 (b)  This chapter does not apply to child residential facilities which serve exclusively children, which are governed by Chapter 3800 (relating to child residential and day treatment facilities).

 (c)  This chapter applies to host homes serving one or more children.

Authority

   The provisions of this §  5310.3 amended under Articles IX and X of the Public Welfare Code (62 P. S. § §  901—922 and 1001—1080).

Source

   The provisions of this §  5310.3 amended June 25, 1999, effective October 26, 1999, 29 Pa.B. 3295. Immediately preceding text appears at serial page (211920).

§ 5310.4. Certification of compliance.

 Each provider of community residential rehabilitation services (CRRS) shall apply for a certificate of compliance in accordance with Chapter 20 (relating to licensure or approval of facilities and agencies). The certificate of compliance specifies the level of care for which the provider is approved.

§ 5310.5. Waiver of standards.

 (a)  Where the development of community residential rehabilitation services (CRRS) is severely limited by this chapter, a waiver may be granted for a particular section for a period of 6 months and may be renewed three times. Waivers will be applied only in areas where the need for the services and the attempts to meet the standards of this chapter are adequately documented. Waivers are granted by the Office of Mental Health only in exceptional circumstances.

 (b)  In the case of CRRS sites in operation prior to the adoption of this chapter a permanent waiver may be granted to the requirements of §  5310.73(e)(2)—(7) (relating to physical plant requirements), provided the application in writing is made within 90 days of the effective date of these standards.

 (c)  A waiver request must meet all three conditions:

   (1)  The request with adequate justification is submitted as required by Chapter 20 (relating to licensure or approval of facilities and agencies).

   (2)  The request does not represent a danger to the health, safety or well-being of the client.

   (3)  The request complies with the intent of the provision to be waived.

§ 5310.6. Definitions.

 The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

   CRRS—Community residential rehabilitation services—Transitional residential programs in community settings for persons with chronic psychiatric disability. CRRS’s provide housing, personal assistance and psychosocial rehabilitation to clients in nonmedical settings. There are two levels of care, full or partial, which are distinguished by the level of functioning of the clients served and the intensity of rehabilitation and training services provided by CRRS staff to the clients. In both levels of care, the provider acts as landlord to the client. Except host homes for children, every site used by a CRRS to house clients is owned, held, leased or controlled by the provider or a provider-affiliate.

   Child—A person who is under 18 years of age and who is not an emancipated minor.

   Full-care CRRS for adults—A program that provides living accommodations for the client with staff onsite whenever a client is there and a full range of personal assistance and psychosocial rehabilitation for psychiatrically disabled adults who display severe community adjustment problems and who require an intensive, structured living situation.

   Full-care CRRS for children—A program providing living accommodations with maximum supervision, personal assistance and a full range of psycho-social rehabilitation services for psychiatrically disabled children who display severe interpersonal adjustment problems and who require an intensive, structured living situation.

   Host home for children—A private residence of a family, other than the home of the child’s parents, with whom the CRRS contracts to provide a structured living arrangement for one to three children.

   Mental disorder—Conditions classified as mental disorders by the International Classification of Diseases (ICD-9-CM) excluding mental retardation and drug/alcohol conditions.

   Mental health professional—A person trained in a generally recognized clinical discipline, including, but not limited to, psychiatry, social work, psychology, nursing, rehabilitation, special education or activity therapies who has a graduate degree and clinical experience.

   Mobile ambulatory—Able to walk without assistance.

   Mobile nonambulatory—The ability to move from place to place with the use of devices such as walkers, crutches, wheelchairs, wheeled platforms, and the like, by a person who is otherwise unable to walk independently.

   Parent—The mother or father by birth or adoption or the legal guardian of the child.

   Partial-care CRRS—A program that provides living accommodations for the client. Staff is at the site on a regularly scheduled basis including evenings and weekends. A limited range of personal assistance and psychosocial services are provided for psychiatrically disabled adults who display community adjustment problems and require a living situation which includes rehabilitation and training services.

Authority

   The provisions of this §  5310.6 amended under Articles IX and X of the Public Welfare Code (62 P. S. § §  901—922 and 1001—1080).

Source

   The provisions of this §  5310.6 amended June 25, 1999, effective October 26, 1999, 29 Pa.B. 3295. Immediately preceding text appears at serial pages (211921) to (211922).

Cross References

   This section cited in 55 Pa. Code §  5310.3 (relating to applicability).



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