Bureau of Quality Assurance, Division of Licensing – Revised Adult Day Center Guidance for Cessation of the Disaster Declaration and Lifting of Suspended Regulations
In March of 2020, the Pennsylvania Department of Aging (PDA) implemented temporary regulatory suspensions under the COVID-19 mitigation and disaster declaration for adult day center providers. During the period in which the adult day centers were required to close, PDA suspended its licensing activity and the requirements under Chapter 11, which are listed below. While the centers were closed, PDA neither accepted applications (initial or renewal) nor issued licenses (including interim, regular, or provisional licenses) nor conducted in-person inspections. Even if a center reopened during the disaster declaration, PDA inspections were conducted virtually.
Termination of Disaster Declaration
On June 10, 2021, the Pennsylvania General Assembly voted via concurrent House Resolution 106 to terminate the March 6, 2020 proclamation of disaster emergency. Act No. 21 of 2021 provides temporary regulatory flexibility authority and extends the existing regulatory suspensions through September 30, 2021. PDA is providing the following guidance to centers on licensing activity regarding the cessation of the disaster declaration and lifting of suspended requirements.
Revised Guidance for Open, Reopening, and Closed Centers
PDA will continue virtual inspections through September 30, 2021 and will resume in-person inspections starting October 1, 2021.
Reopening of Centers:
During this time, PDA will continue to provide a 60-calendar day transition period upon a center's reopening through September 30, 2021, which will allow centers to come into compliance with any applicable requirements of Chapter 11. Time-related regulations, which the center could not remain compliant with during its closure and cannot bring into compliance after the 60-calendar day transition period, can be waived per Title 6 §11.5 Waivers.
The 60-calendar day transition period will also allow PDA to process new, renewal, and unprocessed applications and respond to questions that a center might have upon reopening. During the transition period, PDA will prioritize processing applications for expired licenses. After the transition period ends, PDA will prioritize inspections and license issuance for expired licenses, resume inspections and issue licenses.
The regulatory suspensions will end on September 30, 2021 and centers that decide to open thereafter will follow the requirements under Chapter 11.
Centers should continue to comply with CDC guidelines regarding COVID-19.
PDA will continue to suspend the following regulatory requirements through September 30, 2021:
11.21 Emergency Procedures
11.33 (a) Staff training & orientation
11.33 (a)(2) Staff training & orientation
11.33 (a)(3) Staff training & orientation
11.33 (b) Staff training and orientation
11.83 Fire safety inspection
11.88 Fire drills
11.90 (a) Fire safety training for clients
11.102 (a) & (b) Client physical examination & medical reports
11.102 (c) Client physical examination & medical reports
11.104 Development of individual care plan
11.105 Review and revision of individual care plan
11.109 Service documentation
11.123 (2) Core services (Nursing services)
11.132 (a) Staff physical examination
11.132 (c) Staff physical examination
11.193 (1)(v) Content of records
11.251 Payment of Fees
11.270 (a) Notification of change
The above regulations are effective prior to opening by centers who decide to reopen after October 1, 2021.
Adult day centers are to contact their licensing inspector for additional information or with questions.