PRINTER'S NO. 940
No. 851 Session of 1991
INTRODUCED BY PETRONE, CAWLEY, MICHLOVIC, ITKIN, BUNT, PISTELLA,
BELARDI, CIVERA, KOSINSKI AND RICHARDSON, MARCH 19, 1991
REFERRED TO COMMITTEE ON HEALTH AND WELFARE, MARCH 19, 1991
AN ACT
1 Amending the act of June 24, 1937 (P.L.2045, No.397), entitled,
2 as amended, "An act relating to the support of indigent
3 persons; providing for the support of such persons by certain
4 relatives, and for the recovery of public moneys expended for
5 care and assistance from the property and estates of certain
6 persons; providing for guardians of the person and property
7 of such persons; providing for the arrest and seizure and
8 sale of the property of deserters; and providing procedure,"
9 providing that no lien shall be imposed against the real
10 property of persons receiving assistance.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. Section 4 of the act of June 24, 1937 (P.L.2045,
14 No.397), known as The Support Law, amended August 22, 1961
15 (P.L.1029, No.464), July 26, 1963 (P.L.318, No.172) and August
16 13, 1963 (P.L.682, No.361), is amended to read:
17 Section 4. Property of Persons Liable for Expenses Incurred
18 for Support and Assistance.--(a) Except as limited by
19 subsection (c) hereof, the real and personal property of any
20 person shall be liable for the expenses of his support,
21 maintenance, assistance and burial, and for the expenses of the
22 support, maintenance, assistance and burial of the spouse and
1 unemancipated minor children of such property owner, incurred by
2 any public body or public agency, if such property was owned
3 during the time such expenses were incurred, or if a right or
4 cause of action existed during the time such expenses were
5 incurred from which the ownership of such property resulted. Any
6 public body or public agency may sue the owner of such property
7 for moneys so expended, and any judgment obtained shall be a
8 lien upon the said real estate of such person and be collected
9 as other judgments, except as to the real and personal property
10 comprising the [home] primary residence and furnishings of such
11 person, which [home] primary residence shall not be subject to
12 the lien of such judgment [but] and shall not be subject to
13 execution on such judgment during the lifetime of the person,
14 surviving spouse, or dependent children.
15 (b) Except as limited by subsection (c) hereof, any claim
16 for the expenses of support, maintenance, assistance and burial
17 of a person and for the support, maintenance, assistance and
18 burial of his spouse and unemancipated minor children, held by
19 any public body or public agency, shall have the same force and
20 effect against the real and personal estate of a deceased person
21 as other debts of a decedent, and shall be ascertained and
22 recovered in the same manner.
23 (c) No lien may be imposed against the property which is the
24 primary residence of any individual or of his spouse on account
25 of medical assistance for the aged paid or to be paid on his
26 behalf (except pursuant to the judgment of a court on account of
27 benefits incorrectly paid on behalf of such individual), and
28 there shall be no adjustment or recovery from such individual's
29 estate or from the estate of his spouse of any medical
30 assistance for the aged correctly paid on behalf of such
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1 individual.
2 Section 2. On and after the effective date of this act, all
3 real property used as the primary residence of an individual
4 theretofore subject to the lien is released from the lien.
5 Section 3. This act shall take effect July 1, 1992.
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