PRINTER'S NO. 703
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
754
Session of
2023
INTRODUCED BY BONNER, SCHLEGEL CULVER, JAMES, B. MILLER,
N. NELSON AND ZIMMERMAN, MARCH 28, 2023
REFERRED TO COMMITTEE ON HUMAN SERVICES, MARCH 28, 2023
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," in departmental powers and
duties as to licensing, providing for notice of legal
representation for medical assistance.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of June 13, 1967 (P.L.31, No.21), known
as the Human Services Code, is amended by adding a section to
read:
Section 1019. Notice of Legal Representation for Medical
Assistance.--(a) A long-term care nursing facility operator
shall provide a resident of the facility or a designated
representative, at the time of admission to the facility, the
following notice:
YOU HAVE THE OPTION TO HIRE AN ATTORNEY TO ASSIST WITH
APPLYING FOR MEDICAL ASSISTANCE (MEDICAID) LONG-TERM CARE
BENEFITS:
Relying on a nonlegal service might expose you and your
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family to unnecessary financial risk. There are nonlegal
agencies and companies, including affiliates of hospitals
and long-term care nursing facilities, which may offer to
prepare and submit a Medicaid application for free or a
fee. These entities are not permitted to give legal
advice or implement legal strategies that may best
protect your interests, and they are not obligated to
advise you of your rights. Moreover, these entities may
have conflicts of interest. Pennsylvania does not mandate
that a Medicaid applicant obtain the assistance of an
attorney when completing a Medicaid application. You may,
however, seek the assistance of an attorney who is
knowledgeable about elder law and Medicaid eligibility
rules. You may contact your county bar association's
lawyer referral service or the Pennsylvania Legal Aid
Network to determine if you are eligible for free legal
assistance provided for low-income individuals.
(b) The notice under subsection (a) shall be legible and
clear in a language or format to allow a resident of a long-term
care nursing facility or a designated representative to easily
read and understand the notice. The resident of the facility or
a designated representative shall acknowledge receipt of the
notice under subsection (a) by signing at the bottom of the
notice. The facility operator shall provide the notice under
subsection (a) to the resident of the facility or a designated
representative in a manner detached from a resident agreement.
The facility operator shall prominently display the notice under
subsection (a) in the office and admission area of the facility
and shall make a copy of the notice available at the same time
and in the same manner as a resident agreement. The department
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shall post the notice under subsection (a) on its publicly
accessible Internet website in multiple languages or formats
that it deems necessary to ensure that residents are able to
read and understand the notice. A long-term care nursing
facility may use the form developed by the department or use its
own form, provided that the requirements of subsection (a) are
met.
(c) As used in this section, the term "designated
representative" means the guardian, agent under power of
attorney or other responsible party for a resident of a long-
term care nursing facility identified in a resident agreement.
Section 2. This act shall take effect immediately.
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