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Personal Care Homes - http://www.pacode.com/secure/data/055/chapter2600/chap2600toc.html

Top 5 Personal Care Home Complaints
• Quality, quantity, variation and choice of food
§2600.161(b); §2600.162
• Administration and organization of medications
§2600.181(a) and (c) and (d)
• Inadequate or no discharge/eviction notice or planning

§2600.288 (a) through (h)(1 through 7)
• Lack of respect for residents, poor staff attitudes
§2600.42(c)
• Building or equipment in disrepair or hazardous
§2600.100 (a) and (b); §2600.101 Resident’s Bedrooms; §2600.92 Windows; §2600.93 Handrails and
Railings; §2600.94 Landings and Stairs; §2600.95 Furniture and Equipment

Transfers and Discharges in PERSONAL CARE HOMES
• The home shall provide a 30-day advance written notice for the resident, the resident’s designated
person, and the referral agency citing the reason for the discharge or transfer.
• Regulations include no provision for a formal appeal, but a resident has the right to use both the home’s
procedure and external procedures to appeal involuntary discharge (DHS)

Seven Legal Reasons-Transfers and Discharges in Personal Care Homes
(1) If a resident is a danger to himself or others.
(2) If the legal entity chooses to voluntarily close the home, or a portion of the home.
(3) If a home determines that a resident’s functional level has advanced or declined so that the resident's needs
cannot be met in the home. If a resident or the resident’s designated person disagrees with the home’s decision

to discharge or transfer, consultation with an appropriate assessment agency or the resident’s physician shall
be made to determine if the resident needs a higher level of care. A plan for other placement shall be made as
soon as possible by the administrator in conjunction with the resident and the resident’s designated person, if
any. If assistance with relocation is needed, the administrator shall contact appropriate local agencies, such as
the area agency on aging, county mental health/mental retardation program or drug and alcohol program, for
assistance. The administrator shall also contact the Department’s personal care home regional office.
(4) If meeting the resident's needs would require a fundamental alteration in the home’s program or building

site, or would create an undue financial or programmatic burden on the home.
(5) If the resident has failed to pay after reasonable documented efforts by the home to obtain payment.
(6) If closure of the home is initiated by the Department.
(7) Documented, repeated violation of the home rules.

§ CHAPTER 2600. PERSONAL CARE HOMES-Index

TOPIC APPLICABLE REGULATIONS
Abuse Reporting 15a-d
Access to Home by DPW, AAA, etc. 5a1-4, 5b

Office of the LTC Ombudsman
Version 1.0 September 2020
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