An Act amending the act of June 13, 1967 (P.L.31, No.21), known as the Human Services Code, in departmental powers and duties as to licensing, providing for notice of legal representation for medical assistance.

PRINTER'S NO. 303
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 348
Session of
2025
INTRODUCED BY BONNER, COOPER, HADDOCK, KUZMA, DELLOSO, GAYDOS,
TWARDZIK AND ZIMMERMAN, JANUARY 27, 2025
REFERRED TO COMMITTEE ON HUMAN SERVICES, JANUARY 27, 2025
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 long-term care nursing 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 long-term care nursing facilities, 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. You may contact your county bar association's
lawyer referral service or the Pennsylvania Legal Aid
Network to determine if you are eligible for free legal
assistance provided for low-income individuals.
(b) The following provisions shall apply to the notice under
subsection (a):
(1) The notice shall be legible and clear in a language or
format to allow a resident of a long-term care nursing facility
or a designated representative to easily read and understand the
notice. The resident of the facility or a designated
representative shall acknowledge receipt of the not ice b y
signing at the bottom of the notice.
(2) The facility operator shall provide the no tice t o the
resident of the facility or a designated representative in a
manner detached from a resident agreement.
(3) The facility operator shall prominently display the
notice i n the office and admission area of the facility and
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shall make a copy of the notice available at the same time and
in the same manner as a resident agreement.
(4) The department shall post the not ice on the department's
publicly accessible Internet website in multiple languages or
formats that it deems necessary to ensure that residents are
able to read and understand the notice.
(5) A long-term care nursing facility may use the notice
posted under paragraph (4) or use its own form, provided that
the requirements of subsection (a) are met.
(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 long-
term care nursing facility identified in a resident agreement.
Section 2. This act shall take effect immediately.
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