NEGATIVE SANCTIONS

1. (a) One or more of the following occurrences shall constitute a sufficient basis for the Department to deny, refuse to renew or revoke a license:

   1. (1) Failure of the applicant or the premises to be used as a center, or both, to comply with this subchapter.
   2. (2) Determination by the Department that the applicant is not a responsible person or that the facility is not appropriately equipped.
   3. (3) Noncompliance with the act.
   4. (4) Failure to submit an acceptable plan to correct noncompliance items.
   5. (5) Failure to comply with the acceptable plan to correct noncompliance items.
   6. (6) Mistreatment, abuse, neglect or exploitation of clients being cared for in the center.
   7. (7) Gross incompetence, negligence or misconduct in operating the center.
   8. (8) Fraud or deceit in obtaining or attempting to obtain a license.
   9. (9) Lending, borrowing or using the license of another center or knowingly aiding or abetting the improper granting of a license.

2. (b) One or more of the following occurrences regarding a legal entity, owner, operator or employe shall constitute a sufficient basis for the Department to deny, refuse to renew or revoke a license:

   1. (1) Conviction for a felony.
   2. (2) Conviction for a crime involving abuse, neglect, moral turpitude or physical violence.
   3. (3) Being named as a perpetrator in a substantiated case of abuse, neglect or exploitation in accordance with the Older Adults Protective Services Act (35 P. S. § § 10211—10224).
   4. (4) Operating or maintaining, or both, a center in a manner which is detrimental to the health, morals, welfare or safety of clients or the people of this Commonwealth.

Cross References

This section cited in 6 Pa. Code § 11.211 (relating to purpose); 6 Pa. Code § 11.212 (relating to applicability); and 6 Pa. Code § 11.213 (relating to additional definitions).