[HISTORY: Adopted by the County Council of Allegheny County 7-1-2009 by Ord. No.
27-09.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance was adopted as Ch. 575,
but was renumbered to fit into the organization of the Code.
For the purposes of this chapter, the following words and phrases
shall have the meanings described under this section unless the context
clearly indicates otherwise:
Any nursing home or similar assisted-living facility established
for or actually providing care to individuals aged 60 or over that
is licensed by the Commonwealth of Pennsylvania for that purpose and
which is located within Allegheny County.
Any individual employed in any capacity by any facility for
any compensation of monetary value, regardless of total compensation
amount, benefit value, or full-, part-time, temporary or permanent
employee status.
An attorney-in-fact under a valid power of attorney executed
by the prospective resident of a facility, or a conservator or guardian
appointed for the prospective resident of a facility, or a representative
payee appointed for the prospective resident, or other agent of limited
powers.
A person who has access to the resident's income and
assets and who agrees to apply the resident's income and assets
to pay for the resident's care or who agrees to make and complete
an application for medical assistance on behalf of the resident.
A.Â
Notice of the provisions of the Credit Reporting Agency Act[1] relating to security freezes of consumer credit reports
shall be provided to all individuals residing in a facility as of
the effective date of this chapter within 10 days of such effective
date. Notice of the provisions of the Act pertaining to security freezes
shall also be provided to all future facility residents at the time
of admission.
[1]
Editor's Note: See 73 P.S. § 2501 et seq.
B.Â
Failure to provide the notice required under the terms of this section
shall constitute a summary offense by the owner or individual in control
of the facility, punishable, upon conviction, by a fine of up to $250.
For the purposes of this section, each day upon which notice is not
provided shall constitute a separate offense.
In the event that a legal representative, responsible party,
or facility employee knowingly fails to spend any resident's
assets or income appropriately for the purpose of obtaining medical
assistance, the legal representative, responsible party, or facility
employee shall be liable to the facility for the resident's costs
of care which are not paid for by medical assistance. A legal representative,
responsible party or facility employee shall be personally liable
only to the extent the resident's income or assets were misapplied.
