31 Pa. Code § 151.8 - Resident's agreement
(a)
Each resident's agreement shall contain the information required by section 14
of the act (40 P. S. §
3214) and the
information required by this section.
(b) A valid and binding resident's agreement
shall be signed by the provider and each resident who will be admitted to the
facility. An authorized representative may sign the resident's agreement on
behalf of either party.
(c) If the
resident has agreed to purchase, at an additional price, optional products or
services beyond those included in the entrance and periodic fees, a separate
page shall be attached specifying the product or service purchased, and the
cost of each including installation charge. The page shall be executed by the
parties identified in subsection (b).
(d) Each resident's agreement shall contain a
provision whereby the provider agrees that the resident shall not be liable to
a health care provider for services rendered under a resident's agreement. In
the event a health care provider seeks payment from the resident, the
continuing care provider shall assume liability for payment of the health care
services rendered, if the health care services rendered are services which a
provider agreed to furnish to a resident in consideration of the resident's
payment of entrance and periodic fees. Health care providers shall include
persons rendering services to a resident as employes of the provider or
facility, on a fee-for-service basis, or otherwise.
(e) Amendments to the resident's agreement
may be filed with the Department at any time. The filing should be accompanied
by a cover letter briefly outlining the sections of the resident's agreement
amended.
(f) The resident's
agreement shall be distributed as follows:
(1)
A copy of the current resident's agreement shall be attached as an appendix to
each disclosure statement or amended disclosure statement filed with the
Department.
(2) A copy of the
current resident's agreement shall be attached to each disclosure statement
given to a prospective resident, unless the individual previously received a
disclosure statement with a resident's agreement attached thereto, and the
resident's agreement has not been amended subsequent to that time.
(3) A copy of the current resident's
agreement need not be given to current residents.
(4) If a resident's agreement is not attached
to the disclosure statement, as authorized under paragraphs (2) and (3), a
separate page shall be attached stating that a copy of the resident's agreement
was omitted.
(g) Every
provider shall maintain copies of each resident's agreement until the
conclusion of the next succeeding examination by the Department following the
date the agreement ceases to be in force.
Notes
This section cited in 31 Pa. Codes § 151.3 (relating to certificates of authority).
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