Personal Care Homes: Overview
Legal Definition: Personal care homes (“PCH”) are residential homes that require a license from the
Department of Public Welfare whenever 4 or more people with personal care needs who are
unrelated to the operator live in the home.
Protection for Residents in Licensed PCHs
Residents have basic rights such as the right to be treated with dignity and respect, right to privacy
The provider of the licensed personal care home must inform residents about their rights and about the
Ombudsman program upon admission
Ombudsman poster and resident’s rights poster must be displayed in home
Resident must be informed of the rules of the home upon admission and residents must be given 30
days notice prior to effective date of a new home rule
Residents have the right to file complaints without fear of retaliation, intimidation
Residents have the right to internal or external procedures, if any, to appeal involuntary discharges
Residents may not be deprived of their rights
A resident right may not be used as a reward or a sanction
Discharge or transfer from a Licensed PCH
The law provides for specific grounds under which discharge or transfer can occur:
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If resident is danger to self or others
If legal entity chooses to voluntarily close PCH
If home determines that resident’s functional level has advanced or declined so that resident’s
needs can no longer be met in PCH
If closure of the home is initiated by the Department of Public Welfare
Documented, repeated violation of the home rules (remember, home must give 30 day notice of
any change to home rules)
If meeting resident’s needs would require a fundamental alteration in home’s program or
building site, or would create an undue financial or programmatic burden on PCH
If resident has failed to pay after reasonable documented efforts by home to obtain payment
Notice of involuntary discharge or transfer from a Licensed PCH
The home must provide 30 days notice in writing of intent to discharge or transfer
This notice is not required if a delay in discharge or transfer would jeopardize the health, safety or wellbeing of resident or others in the home, as certified by a physician or the Department of Public Welfare
Notice must provide:
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Date/reason for discharge or transfer
Destination of the resident, if known
Under the regulations, there is no specific appeal right to an involuntary discharge—there is no right to
an appeal and hearing before the Department of Public Welfare
Action steps for advocates whose clients are facing involuntary discharge
Advocacy is key—talking with the home operator about the issues to find a solution or compromise
Filing complaint with Adult Residential Licensing if discharge seems to violate regulations or is otherwise
problematic
Refer client to long term care ombudsman if appropriate
Advice client that there is no resident right to stay in home pending a review or complaint—regulations
are silent on this
Unlicensed Personal Care Homes—How to report
Contact Adult Residential Licensing, Regional Office for your area
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http://www.dpw.state.pa.us/findfacilsandlocs/personalcarehomefieldoffices/index.htm
Contact the long term care ombudsman
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North, South, West and Southwest Philadelphia: Contact CARIE, Center for Advocacy for the
Rights and Interests of the Elderly @ 215-545-5724
Northeast and Northwest Philadelphia: Contact the ombudsman program @ 215-399-4970
Contact the police
Updated 2/22/13