PRINTER'S NO.  3212

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

2252

Session of

2010

  

  

INTRODUCED BY GERGELY, BROWN, CALTAGIRONE, CARROLL, D. COSTA, DALEY, GIBBONS, GOODMAN, GROVE, HALUSKA, HARKINS, HORNAMAN, JOSEPHS, KULA, LONGIETTI, McILVAINE SMITH, MELIO, MURPHY, MURT, PASHINSKI, PICKETT, PRESTON, READSHAW, SABATINA, SAINATO, SIPTROTH, K. SMITH, STABACK, STERN, SWANGER AND WHITE, FEBRUARY 9, 2010

  

  

REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES, FEBRUARY 9, 2010  

  

  

  

AN ACT

  

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Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An

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act to consolidate, editorially revise, and codify the public

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welfare laws of the Commonwealth," further providing for

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repayment from probate estates.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Section 1412(a) of the act of June 13, 1967

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(P.L.31, No.21), known as the Public Welfare Code, amended June

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30, 1995 (P.L.129, No.20), is amended to read:

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Section 1412.  Repayment from Probate Estates.--(a)

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Notwithstanding any other provision of this act or any other

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law, the department shall establish and implement an estate

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recovery program to recover medical assistance paid with respect

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to individuals who were fifty-five years of age or older at the

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time that assistance was received. Under this program, the

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department shall recover from the probate estate of an

 


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individual the amount of medical assistance paid for all nursing

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facility services, home-and community-based services and related

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hospital and prescription drug services. [With the approval of

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the Governor, the department may expand the estate recovery

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program by regulation to include medical assistance for services

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other than those listed in this section and to recover against

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other real and personal property in which an individual had any

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legal title or interest at the time of death.] The department's

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claim shall have the priority of a debt due the Commonwealth.

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* * *

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Section 2.  This act shall take effect in 60 days.

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