35 Pa. Stat. § 448.806c

Current through Pa Acts 2024-53, 2024-56 through 2024-111
Section 448.806c - Consumer protections
(a) General rule.--A consumer shall be provided the following protections when receiving services:
(1) The ability to be involved in the service planning process and to receive services with reasonable accommodation of individual needs and preferences, except where the health or safety of the individual direct care worker is at risk.
(2) The receipt of at least ten calendar days' advance written notice of the intent of the home care agency or home care registry to terminate services with the consumer unless lack of payment or an immediate threat to the health or safety of the consumer or provider, in accordance with regulations promulgated by the department, warrants less notice.
(b) Information to be provided.--Each consumer or the consumer's legal representative or responsible family member shall receive an information packet from the home care agency or home care registry prior to the commencement of services which includes the following in a form that is able to be easily understood and read:
(1) A listing of the available home care agency or home care registry services that will be provided to the consumer to assist with activities of daily living.
(2) The hours when those services will be provided.
(3) Commensurate fees and total costs for those services on an hourly or weekly basis.
(4) Department contact information for questions regarding requirements for and compliance by home care agencies or home care registries.
(5) Information about the availability of access to contact information for the department's 24-hour hotline and the local ombudsman program.
(6) A description of ongoing documentation maintained by a home care agency or a home care registry to ensure that the employee or independent contractor has met the requirements of this act and has the requisite skills necessary to provide care to the consumer.
(7) Documentation from the home care agency or a home care registry that demonstrates personal face-to-face interviews with all employees from a home care agency or independent contractors referred by the home care registry and documentation of at least two satisfactory reference checks prior to referral to the consumer. The face-to-face requirement of this paragraph may be fulfilled through the use of two-way video remote technology.
(8) Disclosure of whether the direct care worker referred is an employee of the home care agency or is an independent contractor of a home care registry.
(9) Information regarding the tax obligations and employment responsibilities of the consumer and the home care agency or home care registry.

35 P.S. § 448.806c

Amended by P.L. (number not assigned at time of publication) 2024 No. 96,§ 1, eff. 10/16/2024.
1979, July 19, P.L. 130, No. 48, § 806.3, added 2006, July 7, P.L. 334, No. 69, § 3, effective upon publication of regulations under 35 P.S. § 448.809aat 39 Pa.B. 6958 [ 12/12/2009].
Section 2. The provisions of 28 Pa. Code § 611.51(a)(1) are abrogated to the extent of any inconsistency with this act.