Current through Register Vol. 54, No. 49, December 7, 2024
Section 201.18 - Management (b) In addition to the requirements under 42 CFR 483.70(d) (relating to administration), the governing body of a facility shall adopt and enforce rules relative to: (1) The health care and safety of the residents.(2) Protection of personal and property rights of the residents, while in the facility, and upon discharge or after death, including the return of any personal property remaining at the facility within 30 days after discharge or death. (3) The general operation of the facility.(c) The governing body shall report to the Department within 30 days changes to the information that was submitted with the facility's application for licensure under § 201.12(b)(1)-(6) (relating to application for license of a new facility or change in ownership). (d) The governing body shall adopt effective administrative and resident care policies and bylaws governing the operation of the facility in accordance with legal requirements. The administrative and resident care policies and bylaws shall be in writing; shall be dated; and shall be reviewed and revised, in writing, as often as necessary but at least annually. The policies and bylaws shall be available upon request, to residents, resident representatives and for review by members of the public. (d.1) The administrator appointed by the governing body under 42 CFR 483.70(d)(2) shall be currently licensed and registered in this Commonwealth and shall be employed full-time in facilities that have more than 25 beds. Facilities with 25 beds or less may share an administrator provided that all of the following apply: (1) The Department is informed of this arrangement. (2) There is a plan in the event of an emergency when the administrator is not working.(3) There is a readily available method for residents and resident representatives to contact the administrator should they find it necessary. (4) The director of nursing services has at a minimum, knowledge and experience of the facility, its policies and procedures and resident needs to compensate for the time the administrator is not in the building. (5) The sharing of an administrator shall be limited to two facilities. (d.2) The administrator's anticipated biweekly work schedule shall be publicly posted in the facility. The anticipated work schedule shall be updated within 24 hours of a change.(e) In addition to the requirements under 49 Pa. Code §39.91 (relating to standards of professional practice and professional conduct for nursing home administrators), the administrator's responsibilities shall include the following: (1) Enforcing the regulations relative to the level of health care and safety of residents and to the protection of their personal and property rights. (2) Planning, organizing and directing responsibilities obligated to the administrator by the governing body. (2.1) Ensuring that a sanitary, orderly and comfortable environment is provided for residents through satisfactory housekeeping in the facility and maintenance of the building and grounds.(3) Maintaining an ongoing relationship with the governing body, medical and nursing staff and other professional and supervisory staff through meetings and reports, occurring as often as necessary, but at least on a monthly basis. (4) Studying and acting upon recommendations made by committees. (5) Appointing, in writing and in concurrence with the governing body, a responsible employee to act on the administrator's behalf during temporary absences. (6) Assuring that appropriate and adequate relief personnel are utilized for those necessary positions vacated either on a temporary or permanent basis. (7) Developing a written plan to assure the continuity of resident care and services in the event of a strike in a unionized facility. (f) A written record shall be maintained on a current basis for each resident with written receipts for personal possessions received or deposited with the facility. The record shall be available for review by the resident or resident representative upon request.(g) The governing body shall disclose, upon request, to be made available to the public, the licensee's current daily reimbursement under Medical Assistance and Medicare as well as the average daily charge to other insured and noninsured private pay residents.(h) When the facility accepts the responsibility for the resident's financial affairs, the resident or resident representative shall designate, in writing, the transfer of the responsibility. The facility shall provide cash, if requested, within 1 day of the request or a check, if requested, within 3 days of the request. If a facility utilizes electronic transfers, the facility shall initiate an electronic transfer of funds, if requested, within one day of the request.The provisions of this § 201.18 adopted August 29, 1975, effective 9/1/1975, 5 Pa.B. 2233; amended July 6, 1979, effective 7/7/1979, 9 Pa.B. 2252; amended April 23, 1982, effective 4/24/1982, 12 Pa.B. 1316; amended January 31, 1987, effective 7/1/1987, 17 Pa.B. 514; amended July 23, 1999, effective 7/24/1999, 29 Pa.B. 3999; amended December 23, 2022, effective 7/1/2023, 52 Pa.B. 8098.The provisions of this § 201.18 amended under sections 102, 201(12), 601, 801.1 and 803 of the Health Care Facilities Act (35 P.S. §§ 448.102, 448.201(12), 448.601, 448.801a and 448.803); and section 2102(a) and (g) of The Administrative Code of 1929 (71 P.S. § 532(a) and (g)).