Current through Register Vol. 54, No. 50, December 14, 2024
Section 6100.446 - Facility characteristics relating to size of facility(a) A residential facility that serves primarily persons with a disability, which was funded in accordance with Chapter 51 prior to________(Editor's Note: The blank refers to the effective date of adoption of this proposed rulemaking.), may not exceed a program capacity of eight. (1) A duplex, two bilevel units and two side-by-side apartments are permitted as long as the total in both units does not exceed a program capacity of eight.(2) With the Department's written approval, a residential facility with a program capacity of eight may move to a new location and retain the program capacity of eight.(b) A residential facility that serves primarily persons with a disability, which is newly funded in accordance with this chapter on or after__________ (Editor's Note: The blank refers to the effective date of adoption of this proposed rulemaking.), may not exceed a program capacity of four.(1) A duplex, two bilevel units and two side-by-side apartments are permitted as long as the total in both units does not exceed a program capacity of four.(2) With the Department's written approval, an intermediate care facility for individuals with an intellectual disability licensed in accordance with Chapter 6600 (relating to intermediate care facilities for individuals with an intellectual disability) with a licensed capacity of five, six, seven or eight individuals may convert to a residential facility funded in accordance with this chapter exceeding the program capacity of four.(c) A day facility that serves primarily persons with a disability, which is newly-funded in accordance with this chapter on or after March 17, 2019, including an adult training facility licensed in accordance with Chapter 2380 (relating to adult training facilities) and a vocational facility licensed in accordance with Chapter 2390 (relating to vocational facilities), may not exceed a program capacity of 15 at any one time.(1) The program capacity includes all individuals served by the facility including individuals funded through any funding source such as private-pay.(2) Additional individuals funded through any funding source, including private pay, may not be served in the day facility to exceed the program capacity of 15 individuals at any one time.Adopted by Pennsylvania Bulletin, Vol 47, No. 33. August 19, 2017, effective 8/19/2017