PRINTER'S NO. 2164
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1905
Session of
2021
INTRODUCED BY BONNER, ROTHMAN, JAMES, MILLARD, BOBACK, RYAN,
DeLUCA AND B. MILLER, SEPTEMBER 27, 2021
REFERRED TO COMMITTEE ON HEALTH, SEPTEMBER 27, 2021
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 residential health care or nursing home
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 nursing homes, 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."
(b) The notice under subsection (a) shall be legible and
clear to allow a resident of a residential health care or
nursing home facility or a designated representative to easily
read 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.
(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
residential health care or nursing home facility identified in a
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resident agreement.
Section 2. This act shall take effect immediately.
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