Pennsylvania Code Title 6 - AGING
📘 Pennsylvania Code Title 6 – AGING
🔎 Overview
Title 6 of the Pennsylvania Code governs the Department of Aging, the Commonwealth’s executive agency responsible for administering programs and services for older Pennsylvanians.
This title contains the rules and regulations that guide the implementation of aging-related programs, including:
Protective services for older adults
The Pennsylvania Lottery-funded programs (e.g. PACE)
Area Agencies on Aging (AAA)
Licensing and monitoring of care facilities
Nutrition programs, housing, and transportation
Ombudsman programs
Guardianship and elder abuse prevention
It operates under the authority of Pennsylvania’s Older Adults Protective Services Act (OAPSA) and other aging-related statutes.
🧑⚖️ Legal Foundation
The Department of Aging derives its regulatory authority primarily from:
71 P.S. § 581-1 et seq. – Establishes the Department
35 P.S. § 10225.101 et seq. – Older Adults Protective Services Act (OAPSA)
62 P.S. § 1901 et seq. – Public Welfare Code (related to long-term care)
Act 70 of 1997 – Related to Area Agencies on Aging and service funding
These statutes authorize the Department to promulgate regulations in Title 6 of the Pennsylvania Code.
📑 Structure and Key Chapters in Title 6
While the Code may evolve over time, Title 6 is generally structured into several chapters. The most impactful include:
1. Chapter 15 – Protective Services for Older Adults
Implements the Older Adults Protective Services Act (OAPSA)
Requires mandatory reporting of suspected elder abuse
Establishes procedures for:
Intake and investigation of abuse
Emergency intervention
Confidentiality and access to records
Protective services planning
2. Chapter 11 – Older Adult Daily Living Centers
Regulates adult day care centers
Licensing standards for health, safety, staffing, and record-keeping
Provisions for inspections and enforcement
3. Chapter 21 – Family Caregiver Support Program
Provides support and funding for families caring for frail elderly relatives
Defines eligibility, services, and reimbursement procedures
4. Chapter 20 – Pharmaceutical Assistance Contract for the Elderly (PACE)
Governs the PACE and PACENET programs funded by the state lottery
Outlines eligibility, co-pays, and enrollment rules for subsidized prescription drugs
5. Chapters 30–33 – Ombudsman and Long-Term Care
Establishes ombudsman programs to advocate for residents in long-term care
Provides for complaint resolution, training, and monitoring
⚖️ Relevant Case Law
Below are examples of how Pennsylvania courts have interpreted or applied Title 6 regulations:
📚 Case Example 1: In re Doe, 85 A.3d 860 (Pa. Cmwlth. 2014)
Facts: A nursing home employee was placed on the Older Adult Protective Services (OAPS) abuse registry after an incident involving a resident. She contested the finding.
Legal Issue: Whether the Department of Aging had sufficient evidence and followed proper procedures in placing her on the registry.
Holding: The Commonwealth Court held that the Department’s decision was valid but emphasized the importance of due process protections under 6 Pa. Code § 15.105.
Key Point: This case underscores that individuals accused of elder abuse must be given fair notice and opportunity to be heard before being added to a public abuse registry.
📚 Case Example 2: Shaffer v. Department of Aging, 826 A.2d 44 (Pa. Cmwlth. 2003)
Facts: A certified caregiver was accused of neglect in a licensed daily living center and was sanctioned by the Department.
Legal Issue: Whether neglect occurred under the regulatory definition in 6 Pa. Code § 15.2, which defines "neglect" as failure to provide essential services.
Holding: The Court upheld the Department’s action, interpreting "neglect" broadly to include passive failure to monitor a known medical condition.
Key Point: The courts give deference to the Department’s interpretation of its own regulations when actions are reasonably based on facts and statutory purpose.
📚 Case Example 3: Commonwealth v. Linda’s Home Health Services, 72 A.3d 908 (Pa. Cmwlth. 2013)
Facts: A home health provider challenged a fine issued by the Department of Aging for violating safety standards in elder care.
Legal Issue: Whether the provider had violated 6 Pa. Code § 11.52, regarding caregiver-to-client ratios and training standards.
Holding: The Court upheld the fine, finding the provider failed to ensure properly trained staff were assigned to high-risk clients, endangering client welfare.
Key Point: Compliance with Title 6’s operational standards is enforceable, and violations can result in fines, license suspension, or closure.
📚 Case Example 4: Doe v. Area Agency on Aging, 90 A.3d 956 (Pa. Cmwlth. 2013)
Facts: A caregiver was barred from employment after a substantiated abuse report, and she appealed the decision.
Legal Issue: Whether her employment prohibition was justified under OAPSA and 6 Pa. Code §§ 15.131–15.148.
Holding: The Court affirmed the disqualification, stating that substantiated abuse findings prohibit employment in elder care under statutory mandate.
Key Point: The Department’s regulations align closely with statutory mandates to prevent individuals with abuse findings from working in elder services.
🏛 Enforcement and Due Process
The Department of Aging must provide administrative hearings for individuals or facilities challenging findings or enforcement actions.
Appeals are governed by the General Rules of Administrative Practice and Procedure, and parties have rights to:
Present evidence
Cross-examine witnesses
Receive written decisions
Final agency actions may be appealed to the Commonwealth Court of Pennsylvania.
🧠 Key Principles to Know
| Concept | Explanation |
|---|---|
| Mandatory Reporting | Anyone who suspects abuse, neglect, or exploitation of an older adult must report it. |
| Confidentiality | Records of investigations are protected but may be used in certain legal proceedings. |
| Registry Inclusion | Individuals with substantiated abuse findings are placed on a public registry and prohibited from elder care work. |
| Facility Oversight | Daily living centers and home care providers must follow safety, training, and operational standards. |
| Support Programs | Title 6 also supports family caregivers and provides access to subsidized medication through PACE. |
✅ Summary
Title 6 of the Pennsylvania Code – Aging is a comprehensive body of regulations governing the safety, support, and rights of older Pennsylvanians. Key areas include:
Protective services for abuse and neglect
Licensing and monitoring of elder care providers
Public assistance programs like PACE
Ombudsman services for advocacy and rights
Due process protections for individuals facing sanctions
Pennsylvania courts have consistently upheld the Department of Aging’s enforcement powers while requiring procedural fairness in registry and licensing actions.
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