ODP Announces Approved Capacity and Noncontiguous Clearance Process

ODP is not reissuing the original communication but is providing an updated version of Announcement 071-18: Request for Approved Program Capacity and Noncontiguous Clearance.

Please use this updated attachment in place of the one originally provided.

ODP Communication Number 071-18 outlines the new procedure for Approved Program Capacity (APC) and the Noncontiguous Clearance to align with requirements in the Consolidated, P/FDS, and Community Living Waivers, as well as to anticipate some changes in regulatory requirements.

While ODP has established APC for residential habilitation in homes licensed under 55 Pa. Code Chapter 6400, APC will now be established for all licensed and unlicensed homes where residential habilitation, life sharing, or supported living occur. Further, the process and form include Noncontiguous Clearance of all licensed and unlicensed homes where residential habilitation and life sharing will be provided, licensed homes where Respite will be provided, as well as licensed facilities where community participation support services will be provided, to ensure that each home and facility are noncontiguous.

Prior to opening a new service location, closing an existing service location, or changing the program’s capacity, the provider will email “Request for Approved Program Capacity and Noncontiguous Location Clearance” form, attachment #1, (directions for completing this form in attachment #2) to the Regional Waiver Capacity Manager that covers the geographic area where the service location is located (see Regional Waiver Capacity Manager Contact Information, attachment #3). The form will include information about the circumstances and the location that will enable the Regional Waiver Capacity Manager to ensure that the new or existing service location meets ODP criteria contained in the waiver and applicable regulations. After the Regional Waiver Capacity Manager receives the form and reviews the information, they will document their decision on the Request for Approved Program Capacity and Noncontiguous Location Clearance form, attachment #1, and will send the determination to the provider.

This ODP Communication includes definitions for:

• Approved Program Capacity;
• Licensing Capacity;
• Community Participation Support Facilities;
• Noncontiguous Community Participation Support Facility Locations;
• Noncontiguous Residential Service Locations;
• Residential Services Locations; and
• Respite Only Homes.

Providers who open a new community participation support facility must obtain approval from the Regional Waiver Capacity Managers verifying that the service location is a noncontiguous location.

The following requirements are contained in the Consolidated Waiver for Residential Habilitation and Life Sharing as well as Life Sharing in the Community Living Waiver:

All settings must be integrated and dispersed in the community in noncontiguous locations and may not be located on campus settings. To meet this requirement, the location of each setting must be separate from any other ODP-funded residential setting and must be dispersed in the community and not surrounded by other ODP-funded residential settings. Settings that share only one common party wall are not considered contiguous. Settings should be located in the community and surrounded by the general public.

This will apply to licensed settings that are funded through any source (OCYF, OMHSAS, private pay, etc.), not just through ODP funding sources.

For residential habilitation, life sharing, and supported living, the following requirements will be contained in the 55 Pa. Code Chapter 6100 regulations when published:

A provider shall submit a written request to the Department on a form specified by the Department and receive written approval from the Department prior to increasing or decreasing the Department-approved program capacity of a service location.

A request for APC must be made when the service provider plans to open a new residential service location, close a residential service location, or change the program capacity for an existing residential service location. APC will be approved as follows:

• A residential habilitation service location newly enrolled to provide waiver services on July 1, 2017 or later shall not exceed a program capacity of 4. With ODP’s written approval, an ICF/ID licensed in accordance with 55 Pa. Code Chapter 6600 with a licensed capacity of 5 to 8 individuals may convert to a Residential Habilitation Service location exceeding the program capacity of 4.
• A residential habilitation service location enrolled to provide waiver services prior to July 1, 2017, shall not exceed a program capacity of 8. With ODP’s written approval, a residential habilitation service location with a program capacity of 8 may move to a new location and retain the program capacity of 8.
• Residential habilitation service locations enrolled prior to the publication of the Chapter 6100 regulations, that are in a duplex, two bi-level units, or two side-by-side apartments are permitted as long as the total in both units does not exceed a program capacity of 8.
• A life sharing service location shall not exceed a program capacity of 2.
• A supported living service location shall not exceed a program capacity of 3.
• Effective the date the Chapter 6100 regulations are published, any newly funded residential habilitation service locations in a duplex, two bi-level units, or two side-by- side apartments are permitted as long as the total in both units does not exceed a program capacity of four.

For questions regarding licensing, submit to this email.