An Act amending Title 67 (Public Welfare) of the Pennsylvania Consolidated Statutes, in miscellaneous provisions, providing for waiver of subrogation.

PRINTER'S NO. 3366
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2490
Session of
2026
INTRODUCED BY ABNEY, HILL-EVANS, CEPEDA-FREYTIZ, PASHINSKI,
SANCHEZ, D. WILLIAMS, PARKER, MARKOSEK, RIVERA, McNEILL,
MEHAFFIE, MAYES AND BRENNAN, MAY 6, 2026
REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, MAY 6, 2026
AN ACT
Amending Title 67 (Public Welfare) of the Pennsylvania
Consolidated Statutes, in miscellaneous provisions, providing
for waiver of subrogation.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 67 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 8103. Waiver of subrogation.
(a) General rule.--A provision in a service provider
contract in which a county agency or municipal government entity
seeks to nullify the right of an entity insuring or otherwise
providing liability coverage for the county agency or municipal
government entity to seek compensation from the county agency or
municipal government entity to recoup costs from a claim for
liability shall be void as against public policy and
unenforceable. The provisions voided shall include, but are not
limited to, clauses that waive subrogation rights.
(b) Definitions.--For purposes of this section, the term
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"service provider contract" shall mean a contract, agreement or
understanding regarding the provision of services subject to
regulation under 55 Pa. Code Pt. V (relating to children, youth
and families manual).
Section 2. The addition of 67 Pa.C.S. § 8103 shall apply to
service provider contracts entered into or renewed on or after
the effective date of this section.
Section 3. This act shall take effect in 60 days.
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