THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY WARD, PILEGGI, BAKER, ERICKSON, WAUGH, MENSCH, SOLOBAY, FONTANA, RAFFERTY, COSTA, BREWSTER AND WASHINGTON, MARCH 28, 2011

REFERRED TO PUBLIC HEALTH AND WELFARE, MARCH 28, 2011  

AN ACT

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

act to consolidate, editorially revise, and codify the public

welfare laws of the Commonwealth," further providing for

repayment from probate estates.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

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

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

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

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

Notwithstanding any other provision of this act or any other

law, the department shall establish and implement an estate

recovery program to recover medical assistance paid with respect

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

time that assistance was received. Under this program, the

department shall recover from the probate estate of an

individual the amount of medical assistance paid for all nursing

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

hospital and prescription drug services. [With the approval of

the Governor, the department may expand the estate recovery

program by regulation to include medical assistance for services

other than those listed in this section and to recover against

other real and personal property in which an individual had any

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

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

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