PRINTER'S NO. 658
No. 596 Session of 1989
INTRODUCED BY PERZEL, KOSINSKI, CAWLEY, CIVERA, ROBINSON,
THOMAS, GANNON AND SERAFINI, FEBRUARY 15, 1989
REFERRED TO COMMITTEE ON HEALTH AND WELFARE, FEBRUARY 15, 1989
AN ACT
1 Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An
2 act to consolidate, editorially revise, and codify the public
3 welfare laws of the Commonwealth," further providing for
4 medical assistance eligibility.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 441.2 of the act of June 13, 1967
8 (P.L.31, No.21), known as the Public Welfare Code, added July
9 15, 1976 (P.L.993, No.202), is amended to read:
10 Section 441.2. Medical Assistance Eligibility.--(a) Medical
11 assistance shall not be granted to or in behalf of any person
12 who disposed of his real or personal property, of the value of
13 five hundred dollars ($500), or more, without fair
14 consideration, within two years immediately preceding the date
15 of application for medical assistance unless he is eligible for
16 State supplemental assistance or unless he can clearly show that
17 the transfer was not primarily for the purpose of acquiring or
18 retaining eligibility for assistance.
19 (b) This section shall not apply to real property used as
1 the principal place of residence by a person, his or her spouse,
2 dependent minor children or incompetent adult children, or to
3 real property previously used as the principal place of
4 residence by a person who is now institutionalized, but has, in
5 writing, expressed intent to return to that residence, or to
6 real property which has remained the principal place of
7 residence of that person's spouse, dependent minor children or
8 incompetent adult children.
9 Section 2. This act shall take effect immediately.
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