HCBS participant, and that the document provides protections that address eviction processes and appeals comparable to those provided under the jurisdiction’s landlord tenant law. Assessment of current waiver, regulations, standards, policies, licensing requirements, and other provider requirements: The following regulations were reviewed: 55 Pa. Code Chapters 51, 6400 and 6500. 55 Pa. Code Chapter 51 requires that a room and board contract be completed annually for each individual receiving a residential habilitation service through the waiver. This regulatory chapter also requires providers to provide written notice at least 30 days prior to the date of discharge to the participant, Department, Department’s designee and the supports coordinator. There are currently no regulations or requirements, however, that requires the room and board contract give individuals protections from eviction. # Action Item Description Date Target End Date Deliverable 1 Revisions to If regulatory revisions are identified in Section 2, create a draft January 2015 June 2015 Draft Regulations Regulations of the revised regulations with stakeholder input. 2 Analyze PA’s Analyze PA’s landlord tenant law and determine what June 2015 January 2016 Revised Room and Landlord Tenant Law constitutes comparability for residential settings. Board Contract 3 Public Comment on If regulatory revisions are identified, draft regulations will be October 2015 November 2015 Notice in Pennsylvania Revisions to published through notice in the Pennsylvania Bulletin for public Bulletin Regulations comment. 4 Revise Room and Revise and distribute updated Room And Contract. January 2016 January 2017 Room and Board Contract Contract 5 Issue Revised Issue revised regulations June 2016 June 2016 Regulations Regulations 6 Develop/Distribute Identify, develop, and distribute training tools and policy January 2017 July 2017 and Training Tools and Policy Training Tools and updates that are needed for compliance with this federal ongoing Updates Policy Updates requirement. 7 Revise On-site Revise on-site monitoring tools as necessary to monitor March 2018 August, 2018 On-site Monitoring Monitoring Tool provider compliance with this federal requirement. and ongoing Tools 8 Provider Monitoring Assess providers for compliance with this requirement. October 2018 March 2019 and On-site Monitoring ongoing 9 Identify Providers found to be noncompliant with this requirement March 2019 March 2019 and Compliance Process Noncompliance during on-site monitoring will be required to submit a Plan of ongoing During On-site Correction and may have their waiver provider agreement Monitoring terminated if noncompliant with the Plan of Correction.
HCBS participant, and that the document provides protections that address eviction processes and appeals comparable to those provided under the jurisdiction’s landlord tenant law. Assessment of current waiver, regulations, standards, policies, licensing requirements, and other provider requirements: The following regulations were reviewed: 55 Pa. Code Chapters 51, 6400 and 6500. 55 Pa. Code Chapter 51 requires that a room and board contract be completed annually for each individual receiving a residential habilitation service through the waiver. This regulatory chapter also requires providers to provide written notice at least 30 days prior to the date of discharge to the participant, Department, Department’s designee and the supports coordinator. There are currently no regulations or requirements, however, that requires the room and board contract give individuals protections from eviction. # Action Item Description Date Target End Date Deliverable 1 Revisions to Regulations If regulatory revisions are identified in Section 2, create a draft of the revised regulations with stakeholder input. January 2015 June 2015 Draft Regulations 2 Analyze PA’s Landlord Tenant Law Analyze PA’s landlord tenant law and determine what constitutes comparability for residential settings. June 2015 January 2016 Revised Room and Board Contract 3 Public Comment on Revisions to Regulations If regulatory revisions are identified, draft regulations will be published through notice in the Pennsylvania Bulletin for public comment. October 2015 November 2015 Notice in Pennsylvania Bulletin 4 Revise Room and Contract Revise and distribute updated Room And Contract. January 2016 January 2017 Room and Board Contract 5 Issue Revised Regulations Issue revised regulations June 2016 June 2016 Regulations 6 Develop/Distribute Training Tools and Policy Updates Identify, develop, and distribute training tools and policy updates that are needed for compliance with this federal requirement. January 2017 July 2017 and ongoing Training Tools and Policy Updates 7 Revise On-site Monitoring Tool Revise on-site monitoring tools as necessary to monitor provider compliance with this federal requirement. March 2018 August, 2018 and ongoing On-site Monitoring Tools 8 Provider Monitoring Assess providers for compliance with this requirement. October 2018 March 2019 and ongoing On-site Monitoring 9 Identify Noncompliance During On-site Monitoring Providers found to be noncompliant with this requirement during on-site monitoring will be required to submit a Plan of Correction and may have their waiver provider agreement terminated if noncompliant with the Plan of Correction. March 2019 March 2019 and ongoing Compliance Process
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