6 Pa. Code § 20.22 - Conditions of participation
(a)
Certification of accountability. As a condition of
participation in the Program, an eligible primary caregiver shall sign a
certification of accountability as provided under §
20.32 (relating to assessment and
care management). The primary caregiver's signature on the certification will
attest to the truth of information provided during the assessment and will
indicate the caregiver's understanding of responsibility for compliance with
Program requirements, especially those under §§
20.41-20.45 (relating to reimbursement
benefits) which relate to the reimbursement of caregiver expenses and the
penalties for violation of this chapter.
(b)
Change of status. It is
the responsibility of the primary caregiver to report to the area agency on
aging any change of status in the caregiving situation which might affect
eligibility for the Program or the service plan developed under §
20.32. Reportable changes include
significant changes in the health status of the carereceiver, living
arrangements or household income, the ability of the caregiver to provide the
necessary care and the availability of informal supports to the care being
provided.
(c)
Documentation
of information. The area agency on aging shall require a primary
caregiver to document household income with a copy of Federal income tax
returns from the previous calendar year. If the required tax return is
unavailable, examples of other documentation which may be provided are listed
under §
20.23 (relating to income). The
area agency on aging may require a primary caregiver to document other
eligibility-related information provided during assessment.
(d)
Choice of available
services.
(1) Individual
carereceivers and their caregiver families may not receive the services of the
Program and Level II Services of the OPTIONS Program simultaneously. The
caregivers of carereceivers who are on a waiting list for OPTIONS Level II
Services may be accepted into the Program until the carereceiver is admitted to
Level II Services. When a place becomes available in Level II Services, the
area agency on aging, in full consultation with a family which has been in the
Program while on the waiting list for Level II Services, shall review the
relative benefits and the appropriateness of the two programs and choose the
one which is most appropriate. This provision does not preclude the possibility
of an OPTIONS Level II care recipient living in the same residence as a
separate carereceiver and caregiver who are eligible to receive benefits and
services under this chapter.
(2)
Carereceivers who are assessed under the OPTIONS Program and referred to Level
I Services may receive these services, when appropriate, in addition to their
primary caregiver receiving benefits and services from the
Program.
(e)
Protection from abuse. A substantiated case of abuse, neglect,
exploitation, abandonment as defined in The Older Adults Protective Services
Act (35 P. S. §§
10211-10224) or under another civil or
criminal statute regarding an older adult, shall prohibit a caregiver from
receiving benefits and services under this chapter unless authorized by the
Department to prevent further abuse. The caregiver is required to certify on
the certification of accountability under §
20.32 whether one or more of the
following apply:
(1) The caregiver has been
convicted of a crime relating to abuse, neglect, exploitation or abandonment of
an older adult.
(2) The caregiver
has been found civilly liable for abuse, neglect, exploitation or abandonment
of an older adult.
(3) The
caregiver has been notified that the caregiver is an alleged perpetrator in a
substantiated report of need for protective services under The Older Adults
Protective Services Act.
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