HB 348 — 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
 1   Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An
 2      act to consolidate, editorially revise, and codify the public
 3      welfare laws of the Commonwealth," in departmental powers and
 4      duties as to licensing, providing for notice of legal
 5      representation for medical assistance.
 6      The General Assembly of the Commonwealth of Pennsylvania
 7   hereby enacts as follows:
 8      Section 1.    The act of June 13, 1967 (P.L.31, No.21), known
 9   as the Human Services Code, is amended by adding a section to
10   read:
11      Section 1019.    Notice of Legal Representation for Medical
12   Assistance.--(a)    A long-term care nursing facility operator
13   shall provide a resident of the facility or a designated
14   representative, at the time of admission to the facility, the
15   following notice:
16           YOU HAVE THE OPTION TO HIRE AN ATTORNEY TO ASSIST WITH
17           APPLYING FOR MEDICAL ASSISTANCE (MEDICAID) LONG-TERM CARE
18           BENEFITS:
19           Relying on a nonlegal service might expose you and your
 1            family to unnecessary financial risk. There are nonlegal
 2            agencies and companies, including affiliates of hospitals
 3            and long-term care nursing facilities, which may offer to
 4            prepare and submit a Medicaid application for free or a
 5            fee. These entities are not permitted to give legal
 6            advice or implement legal strategies that may best
 7            protect your interests, and they are not obligated to
 8            advise you of your rights. Moreover, these entities may
 9            have conflicts of interest. Pennsylvania does not mandate
10            that a Medicaid applicant obtain the assistance of an
11            attorney when completing a Medicaid application. You may,
12            however, seek the assistance of an attorney who is
13            knowledgeable about elder law and Medicaid eligibility
14            rules. You may contact your county bar association's
15            lawyer referral service or the Pennsylvania Legal Aid
16            Network to determine if you are eligible for free legal
17            assistance provided for low-income individuals.
18      (b)   The following provisions shall apply to the notice under
19   subsection (a):
20      (1)   The notice shall be legible and clear in a language or
21   format to allow a resident of a long-term care nursing facility
22   or a designated representative to easily read and understand the
23   notice. The resident of the facility or a designated
24   representative shall acknowledge receipt of the notice by
25   signing at the bottom of the notice.
26      (2)   The facility operator shall provide the notice to the
27   resident of the facility or a designated representative in a
28   manner detached from a resident agreement.
29      (3)   The facility operator shall prominently display the
30   notice in the office and admission area of the facility and

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 1   shall make a copy of the notice available at the same time and
 2   in the same manner as a resident agreement.
 3      (4)   The department shall post the notice on the department's
 4   publicly accessible Internet website in multiple languages or
 5   formats that it deems necessary to ensure that residents are
 6   able to read and understand the notice.
 7      (5)   A long-term care nursing facility may use the notice
 8   posted under paragraph (4) or use its own form, provided that
 9   the requirements of subsection (a) are met.
10      (c)   As used in this section, the term "designated
11   representative" means the guardian, agent under power of
12   attorney or other responsible party for a resident of a long-
13   term care nursing facility identified in a resident agreement.
14      Section 2.   This act shall take effect immediately.




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