HB 65 — An Act amending Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, in support of the indigent, further providing for relatives' liability and procedure; and making an editorial change.

PRINTER'S NO.    28

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 65
                                               Session of
                                                 2025

     INTRODUCED BY HOWARD, PROBST, VENKAT, PROKOPIAK, HILL-EVANS,
        GIRAL, PIELLI, HADDOCK, McNEILL, SANCHEZ, GUENST, HOHENSTEIN,
        OTTEN AND FRIEL, JANUARY 10, 2025

     REFERRED TO COMMITTEE ON HEALTH, JANUARY 10, 2025


                                     AN ACT
 1   Amending Title 23 (Domestic Relations) of the Pennsylvania
 2      Consolidated Statutes, in support of the indigent, further
 3      providing for relatives' liability and procedure; and making
 4      an editorial change.
 5      The General Assembly of the Commonwealth of Pennsylvania
 6   hereby enacts as follows:
 7      Section 1.    Sections 4602 and 4603(a) and (b) of Title 23 of
 8   the Pennsylvania Consolidated Statutes are amended to read:
 9   § 4602.   Definitions.
10      The following words and phrases when used in this chapter
11   shall have the meanings given to them in this section unless the
12   context clearly indicates otherwise:
13      "Court."    A court of common pleas and the Philadelphia
14   Municipal Court.
15      "Department."    The Department of [Public Welfare] Human
16   Services of the Commonwealth.
17   § 4603.   Relatives' liability; procedure.
18      (a)    Liability.--
 1        (1)   [Except as set forth in paragraph (2), all] All of
 2    the following individuals have the responsibility to care for
 3    and maintain or financially assist an indigent person,
 4    regardless of whether the indigent person is a public charge:
 5              (i)    The spouse of the indigent person.
 6              (ii)    A child of the indigent person.
 7              (iii)    A parent of the indigent person.
 8        (2)   Paragraph (1) [does not apply in any of] shall only
 9    apply in the following cases:
10              [(i)    If an individual does not have sufficient
11        financial ability to support the indigent person.
12              (ii)    A child shall not be liable for the support of
13        a parent who abandoned the child and persisted in the
14        abandonment for a period of ten years during the child's
15        minority.]
16              (i.1)    In the case of an indigent individual who has
17        applied for or is receiving medical assistance for long-
18        term services and supports, including nursing facility
19        and home and community-based services, when an individual
20        under paragraph (1) has received or transferred any of
21        the following owned by an indigent individual or spouse
22        of an indigent individual for less than fair market value
23        within five years of the date the indigent individual
24        applies for or receives long-term services and supports:
25                     (A)   An asset.
26                     (B)   A resource, as defined in 55 Pa. Code §
27              178.2 (relating to definitions).
28                     (C)   Income.
29                     (D)   Real or personal property.
30              (i.2)    In the case of an indigent individual who has

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 1          applied for or is receiving medical assistance for long-
 2          term services and supports, including nursing facility
 3          and home and community-based services, when an individual
 4          under paragraph (1) does not cooperate with the
 5          department, a nursing facility, a provider or other
 6          person in the medical assistance eligibility process for
 7          an indigent individual.
 8          (3)   Paragraph (1) does not apply to an individual who
 9    has received or transferred an asset, resource, income or
10    real property or personal property under 42 U.S.C. § 1396p(c)
11    (2)(C) (relating to liens, adjustments and recoveries, and
12    transfers of assets) or 55 Pa. Code § 178.104(e)(3) (relating
13    to disposition of assets and fair consideration provisions
14    for transfers on or after July 30, 1994).
15    (b)   Amount.--
16          (1)   Except as set forth in paragraph (2), the amount of
17    liability shall be set by the court in the judicial district
18    in which the indigent person resides.
19          (2)   For medical assistance for [the aged other than
20    public nursing home care,] long-term services and supports,
21    including nursing home facility and home and community-based
22    services, as provided in section 401 of the act of June 13,
23    1967 (P.L.31, No.21), known as the [Public Welfare] Human
24    Services Code, the following apply:
25                (i)   Except as set forth in subparagraph (ii), the
26          amount of liability shall, during any 12-month period, be
27          the lesser of:
28                      (A)   six times the excess of the liable
29                individual's average monthly income over the amount
30                required for the reasonable support of the liable

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 1             individual and other persons dependent upon the
 2             liable individual; or
 3                    (B)   the cost of the medical assistance for [the
 4             aged.] long-term services and supports, including
 5             nursing home facility and home and community-based
 6             services.
 7             (ii)    The department may, by reasonable regulations,
 8        adjust the liability under subparagraph (i), including
 9        complete elimination of the liability, at a cost to the
10        Commonwealth not exceeding those funds certified by the
11        Secretary of the Budget as available for this purpose.
12    * * *
13    Section 2.    This act shall take effect immediately.




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