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
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