Current through Pa Acts 2024-53, 2024-56 through 2024-111
Section 4504 - Powers of secretary to determine liability and establish criteria(a) Whenever any person receives a service or benefit at any facility under this act wholly or in part at public expense, the secretary is hereby authorized and shall have the power, subject to the approval of the Attorney General, to determine the extent of liability imposed under sections 501 or 502, and to abate, modify, compromise or discharge the liability so imposed provided:(1) He is satisfied that the imposition of such liability would: (i) result in the loss of financial payments or other benefits from any public or private source which a mentally disabled person would receive, would be eligible to receive or which would be expended on his behalf except for such liability, or (ii) result in a substantial hardship upon the mentally disabled person, a person owing a legal duty to support such person or the family of either, or (iii) result in a greater financial burden upon the people of the Commonwealth, or (iv) create such a financial burden upon such mentally disabled person as to nullify the results of care, treatment, service or other benefits afforded to such person under any provision of this act.(2) Proceedings to recover such costs or discharge such liability including legal fees would not be in the best interest of the Commonwealth.(b) If the secretary exercises the power conferred in sections 501 or 504(a) with reference to any person upon whom liability is imposed by sections 501 or 502, the department shall reimburse the county to the extent such person is relieved of any obligation to pay the county for services or benefits received by him under this act and paid for by the county on his behalf.(c) The liability of a mentally disabled person or of anyone legally responsible for his support shall be the amount fixed or charged by the secretary and the payment of the amount so fixed or so charged shall relieve such person of all further liability for payment of the maintenance of the mentally disabled person.(d) In exercising the powers herein conferred, the secretary by regulation, approved by the Governor, shall establish criteria by which the extent of such liability shall be determined except that wherever possible any real estate which constitutes the home residence of the mentally disabled person or his spouse, or a person owing a legal duty to support shall not be considered.(e) The secretary may call upon the Secretary of Revenue for assistance in establishing said criteria, and in determining the financial ability of any person to discharge liability imposed upon him under this act.(f) The secretary and the Secretary of Revenue shall jointly promulgate regulations, subject to the approval of the Attorney General, as to the duties of revenue agents and other personnel of each department with reference to the investigation and determination of any person's financial ability as aforesaid.1966, Special Sess. No. 3, Oct. 20, P.L. 96, art. V, § 504, effective 1/1/1967.