See other bills
under the
same topic
PRINTER'S NO. 137
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
169
Session of
2021
INTRODUCED BY DeLUCA, HOWARD, HILL-EVANS, BOBACK, CIRESI, JAMES,
LONGIETTI, PASHINSKI, FREEMAN AND WEBSTER, JANUARY 14, 2021
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 14, 2021
AN ACT
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, in support of the indigent, further
providing for definitions and for relatives' liability and
procedure.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 4602 and 4603 of Title 23 of the
Pennsylvania Consolidated Statutes are amended to read:
§ 4602. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Court." A court of common pleas and the Philadelphia
Municipal Court.
"Department." The Department of [Public Welfare] Human
Services of the Commonwealth.
§ 4603. Relatives' liability; procedure.
(a) Liability.--
(1) [Except as set forth in paragraph (2), all] All of
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
the following individuals have the responsibility to care for
and maintain or financially assist an indigent person,
regardless of whether the indigent person is a public charge:
(i) The spouse of the indigent person.
(ii) A child of the indigent person.
(iii) A parent of the indigent person.
(2) Paragraph (1) [does not apply in any of] shall only
apply in the following cases:
[(i) If an individual does not have sufficient
financial ability to support the indigent person.
(ii) A child shall not be liable for the support of
a parent who abandoned the child and persisted in the
abandonment for a period of ten years during the child's
minority.]
(i.1) In the case of an indigent individual who has
applied for or is receiving medical assistance for long-
term services and supports, including nursing facility
and home and community-based services, when an individual
under paragraph (1) has received or transferred any of
the following owned by an indigent individual or spouse
of an indigent individual for less than fair market value
within five years of the date the indigent individual
applies for or receives long-term services and supports:
(A) An asset.
(B) A resource, as defined in 55 Pa. Code §
178.2 (relating to definitions).
(C) Income.
(D) Real or personal property.
(i.2) In the case of an indigent individual who has
applied for or is receiving medical assistance for long-
20210HB0169PN0137 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
term services and supports, including nursing facility
and home and community-based services, when an individual
under paragraph (1) does not cooperate with the
department, a nursing facility, a provider or other
person in the medical assistance eligibility process for
an indigent individual.
(3) Paragraph (1) does not apply to an individual who
has received or transferred an asset, resource, income or
real property or personal property under 42 U.S.C. § 1396p(c)
(2)(C) (relating to liens, adjustments and recoveries, and
transfers of assets) or 55 Pa. Code § 178.104(e)(3) (relating
to disposition of assets and fair consideration provisions
for transfers on or after July 30, 1994).
(b) Amount.--
(1) Except as set forth in paragraph (2), the amount of
liability shall be set by the court in the judicial district
in which the indigent person resides.
(2) For medical assistance for [the aged other than
public nursing home care,] long-term services and supports,
including nursing home facility and home and community-based
services, as provided in section 401 of the act of June 13,
1967 (P.L.31, No.21), known as the [Public Welfare] Human
Services Code, the following apply:
(i) Except as set forth in subparagraph (ii), the
amount of liability shall, during any 12-month period, be
the lesser of:
(A) six times the excess of the liable
individual's average monthly income over the amount
required for the reasonable support of the liable
individual and other persons dependent upon the
20210HB0169PN0137 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
liable individual; or
(B) the cost of the medical assistance for [the
aged] long-term services and supports, including
nursing home facility and home and community-based
services.
(ii) The department may, by reasonable regulations,
adjust the liability under subparagraph (i), including
complete elimination of the liability, at a cost to the
Commonwealth not exceeding those funds certified by the
Secretary of the Budget as available for this purpose.
(c) Procedure.--A court has jurisdiction in a case under
this section upon petition of:
(1) an indigent person; or
(2) any other person or public body or public agency
having any interest in the care, maintenance or assistance of
such indigent person.
(d) Contempt.--
(1) If an individual liable for support under this
section fails to comply with an order under this section, the
court shall schedule a contempt hearing. At the hearing, if
the court determines that the individual liable for support
has intentionally failed to comply with the order, the court
may hold the individual in contempt of court and may sentence
the individual to up to six months' imprisonment.
(2) This subsection applies regardless of whether the
indigent person is confined in a public institution.
Section 2. This act shall take effect immediately.
20210HB0169PN0137 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27