§ 2800.261. Classification of violations.
(a) The Department will classify each violation of this chapter into one of three categories as described in paragraphs (1)—(3). A violation identified may
be classified as Class I, Class II or Class III, depending upon the severity, duration and the adverse effect on the health and safety of residents.
(1) Class I. Class I violations have resulted in or have a substantial probability of resulting in death or serious mental or physical harm to a resident.
(2) Class II. Class II violations have a substantial adverse effect upon the health, safety or well-being of a resident.
(3) Class III. Class III violations are minor violations, which have an
adverse effect upon the health, safety or well-being of a resident.
(b) The Department’s guidelines for determining the classification of violations are available from the Department. Cross References
This section cited in 55 Pa. Code § 2800.268 (relating to notice of violations).
§ 2800.262. Penalties and corrective action.
(a) The Department will assess a penalty for each violation of this chapter.
(b) Penalties will be assessed on a daily basis from the date on which the citation was issued until the date the violation is corrected, except in the case of
Class II and Class III violations.
(c) In the case of a Class II violation, assessment of the penalty will be suspended for 5 days from the date of citation to permit sufficient time for the
residence to correct the violation. If the residence fails to provide proof of correction of the violation to the Department within the 5-day period, the fine
will be retroactive to the date of citation. The Department may extend the time period for good cause.
(d) The Department will assess a penalty of $20 per resident per day for each Class I violation. Each Class I violation shall be corrected within 24 hours.
(e) The Department will assess a minimum penalty of $5 per resident per day, up to a maximum penalty of $15 per resident per day, for each Class II violation.
(f) There is no monetary penalty for Class III violations unless the residence fails to correct the violation within 15 days. Failure to correct a Class III violation
within the 15-day period may result in a penalty assessment of up to $3 per resident per day for each Class III violation retroactive to the date of the citation.
(g) If a residence is found to be operating without a license, a penalty of $500 will be assessed. After 14 days, if the residence operator cited for operating without
a license fails to file an application for a license, the Department will assess an additional $20 for each resident for each day during which the residence
operator fails to apply.
(h) A residence charged with a violation of this chapter or Chapter 20 (relating to licensure or approval of facilities and agencies) has 30 days to pay the assessed penalty in full.
This section cited in 55 Pa. Code § 2800.266 (relating to revocation or nonrenewal of licenses).
§ 2800.263. Appeals of penalty.
(a) If the residence that is fined intends to appeal the amount of the penalty or the fact of the violation, the residence shall forward the assessed penalty, not
to exceed $500, to the Secretary for placement in an escrow account with the State Treasurer. A letter appealing the penalty shall be submitted with the
assessed penalty. This process constitutes an appeal.
(b) If, through an administrative hearing or judicial review of the proposed penalty, it is determined that no violation occurred or that the amount of
the penalty shall be reduced, the Secretary will, within 30 days, remit the appropriate amount to the legal entity together with interest accumulated on these funds in the
(c) Failure to forward payment of the assessed penalty to the Secretary within 30 days will result in a waiver of the right to contest the fact of the violation or
the amount of the penalty.
(d) After an administrative hearing decision that is adverse to the legal entity, or a waiver of the administrative hearing, the assessed penalty amount will be
made payable to the ‘‘Commonwealth of Pennsylvania.’’ It will be collectible in a manner provided by law for the collection of debts.
(e) If a residence liable to pay the penalty neglects or refuses to pay the penalty upon demand, the failure to pay will constitute a judgment in favor of the
Commonwealth in the amount of the penalty, together with the interest and costs
that may accrue on these funds.
§ 2800.264. Use of fines.
(a) Money collected by the Department under this section will be placed in a special restricted receipt account.
(b) Money collected will be used first to defray the expenses incurred by residents relocated under this chapter.
(c) The Department will use money remaining in this account to assist with
paying for enforcement of this chapter. Fines collected will not be subject to 42
Pa.C.S. § 3733 (relating to deposits into account).
§ 2800.265. Review of classifications.
Semiannually, the Department will review the standard guidelines for the classification of violations and evaluate the use of these guidelines. This review is to
ensure the uniformity and consistency of the classification process.
§ 2800.266. Revocation or nonrenewal of licenses.
(a) The Department will temporarily revoke the license of a residence if, without good cause, one or more Class I violations remain uncorrected 24 hours
after the residence has been cited for the violation.
(b) The Department will temporarily revoke the license of a residence if, without good cause, one or more Class II violations remain uncorrected 15 days
after the citation.
(c) Upon the revocation of a license in the instances described in subsections
(a) and (b), or if the residence continues to operate without applying for a license
as described in § 2800.262(h) (relating to penalties and corrective action), residents shall be relocated.
(d) The revocation of a license may terminate upon the Department’s determination that its violation is corrected.
(e) If, after 3 months, the Department does not issue a new license for a residence, the prior license is revoked under section 1087 of the Public Welfare Code
(62 P. S. § 1087).
(1) Revocation or nonrenewal under this section will be for a minimum of 5 years.
(2) A residence, which has had a license revoked or not renewed under this
section, will not be allowed to operate, staff or hold an interest in a residence
which applies for a license for 5 years after the revocation or nonrenewal.
(f) If a residence has been found to have Class I violations on two or more
separate occasions during a 2-year period without justification, the Department will revoke or refuse to renew the license of the residence.
(g) The power of the Department to revoke or refuse to renew or issue a
license under this section is in addition to the powers and duties of the Department under section 1026 of the Public Welfare Code (62 P. S. § 1026).
§ 2800.267. Relocation of residents.
(a) If the relocation of residents is due to the failure of the residence to apply for a license, the Department will offer relocation assistance to the residents. This
assistance will include each resident’s involvement in planning the relocation, except in the case of an emergency. Each resident shall have the right to choose
among the available alternatives after an opportunity to visit the alternative residences. These procedures will occur even if the residents are placed in a temporary living situation.
(b) A resident will not be relocated if the Secretary determines in writing that the relocation is not in the best interest of the resident.
This section cited in 55 Pa. Code Appendix A (relating to assisted living resident rights: during
residency and during discharge or termination of residency).
§ 2800.268. Notice of violations.
(a) The administrator shall give each resident and the resident’s designated person written notification of a Class I violation within 24 hours of the citation.
(b) The administrator shall give each resident and the resident’s designated
person oral or written notification of a Class I or Class II violation, as defined in § 2800.261 (relating to classification of violations), which remains uncorrected
for 5 days after the date of citation.
(c) If a Class II violation remains uncorrected within 5 days following the
citation, the administrator shall give written notice of the violation to each resident and the resident’s designated person on the 6th day from the date of the
(d) The Department will provide immediate written notification to the appropriate long-term care ombudsman of Class I violations, and notification of Class
II violations which remain uncorrected 5 days after the date of citation.
§ 2800.269. Ban on admissions.
(a) The Department will ban new admissions to a residence:
(1) That has been found to have a Class I violation.
(2) That has been found to have a Class II violation that remains uncorrected without good cause 5 days after being cited for the violation.
(3) Whose license has been revoked or nonrenewed.
(b) The Department may ban new admissions to a residence that has been found to have a repeated Class II violation within the past 2 years.
(c) A ban on admissions will remain in effect until the Department determines that the residence has corrected the violation, and after the correction has
been made, has maintained regulatory compliance for a period of time sufficient to permit a conclusion that the compliance will be maintained for a prolonged
§ 2800.270. Correction of violations.
The correction of a violation cited under section 1086 of the Public Welfare
Code (62 P. S. § 1086) does not preclude the Department from issuing a provisional license based upon the same violation