PRINTER'S NO. 1281
No. 1131 Session of 1991
INTRODUCED BY RICHARDSON, DeWEESE, CORRIGAN, KUKOVICH, VEON,
MIHALICH, MURPHY, PESCI, M. N. WRIGHT, FEE, DALEY, BELFANTI,
COLAIZZO, JOSEPHS, McCALL, ROEBUCK, WILLIAMS, CARN, DeLUCA,
TANGRETTI, COWELL, SAURMAN, ACOSTA, STABACK, VAN HORNE,
MARKOSEK, R. C. WRIGHT, LESCOVITZ, MELIO, TIGUE, JAROLIN,
PRESTON, COLAFELLA, TRELLO, McNALLY, PISTELLA, KASUNIC,
FREEMAN, LINTON, ITKIN, TRICH, JOHNSON, OLASZ, CAWLEY,
LEVDANSKY, PETRARCA, WOZNIAK, KOSINSKI, GANNON, HALUSKA,
HARPER, BLAUM, BUNT, LAUGHLIN, CIVERA, SCRIMENTI,
D. W. SNYDER, HUGHES, BATTISTO, BISHOP, NAHILL, TELEK,
STURLA, THOMAS, EVANS, OLIVER, ROBINSON, STEELMAN, MICHLOVIC,
JAMES, BILLOW, HANNA AND LaGROTTA, APRIL 10, 1991
REFERRED TO COMMITTEE ON HEALTH AND WELFARE, APRIL 10, 1991
AN ACT
1 Amending the act of June 24, 1937 (P.L.2045, No.397), entitled,
2 as amended, "An act relating to the support of indigent
3 persons; providing for the support of such persons by certain
4 relatives, and for the recovery of public moneys expended for
5 care and assistance from the property and estates of certain
6 persons; providing for guardians of the person and property
7 of such persons; providing for the arrest and seizure and
8 sale of the property of deserters; and providing procedure,"
9 providing that no lien shall be imposed against the real
10 property of persons receiving assistance.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. Section 4 of the act of June 24, 1937 (P.L.2045,
14 No.397), known as The Support Law, amended August 22, 1961
15 (P.L.1029, No.464), July 26, 1963 (P.L.318, No.172) and August
16 13, 1963 (P.L.682, No.361), is amended to read:
17 Section 4. Property of Persons Liable for Expenses Incurred
1 for Support and Assistance.--(a) Except as limited by
2 subsection (c) hereof, the real and personal property of any
3 person shall be liable for the expenses of his support,
4 maintenance, assistance and burial, and for the expenses of the
5 support, maintenance, assistance and burial of the spouse and
6 unemancipated minor children of such property owner, incurred by
7 any public body or public agency, if such property was owned
8 during the time such expenses were incurred, or if a right or
9 cause of action existed during the time such expenses were
10 incurred from which the ownership of such property resulted. Any
11 public body or public agency may sue the owner of such property
12 for moneys so expended, and any judgment obtained shall be a
13 lien upon the said [real] estate of such person and be collected
14 as other judgments, except as to the real and personal property
15 comprising the home and furnishings of such person[, which home
16 shall be subject to the lien of such judgment but shall not be
17 subject to execution on such judgment during the lifetime of the
18 person, surviving spouse, or dependent children].
19 (b) Except as limited by subsection (c) hereof, any claim
20 for the expenses of support, maintenance, assistance and burial
21 of a person and for the support, maintenance, assistance and
22 burial of his spouse and unemancipated minor children, held by
23 any public body or public agency, shall have the same force and
24 effect against the real and personal estate of a deceased person
25 as other debts of a decedent, and shall be ascertained and
26 recovered in the same manner.
27 (c) No lien may be imposed against the real property which
28 is the primary residence of any individual or of his spouse on
29 account of [medical] assistance [for the aged] paid or to be
30 paid on his behalf (except pursuant to the judgment of a court
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1 on account of benefits incorrectly paid on behalf of such
2 individual), and there shall be no adjustment or recovery from
3 such individual's estate or from the estate of his spouse of any
4 [medical] assistance [for the aged] correctly paid on behalf of
5 such individual.
6 Section 2. On and after the effective date of this act, all
7 real property used as the primary residence of an individual
8 theretofore subject to the lien is released from the lien.
9 Section 3. This act shall take effect in 60 days.
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