Pennsylvania Code
Title 55 - HUMAN SERVICES
Part I - Department of Human Services
Subpart B - Rights
Chapter 11 - FISCAL ADVOCACY
Subchapter B - APPOINTMENT OF GUARDIAN OR PAYEE
POWERS AND DUTIES AS A COURT-APPOINTED GUARDIAN
Section 11.90 - Form and content of bill
Current through Register Vol. 54, No. 44, November 2, 2024
The bill and all correspondence relating thereto must be accompanied by an easily comprehensible notice, in English and Spanish when appropriate, advising the patient of his right to seek counsel from an attorney or lay person of his choice; provided, however, that such counselor not also be an employe of the Commonwealth. The bill and all correspondence related thereto must advise him of the right to the presence of counsel in any conferences with the Revenue Agent or any other Commonwealth employe with respect to settlement of the bill, and advise him of the right to confer with the Revenue Agent and to petition the Secretary under 50 P. S. § 4606 and to obtain a hearing regarding abatement, modification, or discharge of assessed liability on the basis that:
(1) Imposition of liability would result in loss of financial payments of benefits from any public or private source of which he might be entitled, 50 P. S. § 4504(a)(1)(i).
(2) Imposition of liability would result in a substantial financial hardship upon him or a person owing a legal duty of support to him, 50 P. S. § 4504(a)(1)(ii).
(3) Imposition of liability would result in greater financial burden upon the people of the Commonwealth, 50 P. S. § 4504(a)(1)(iii).
(4) Imposition of liability would result in financial burden upon him that would nullify the results of care and treatment for mental disability, 50 P. S. § 4504(a)(1)(iv).
(5) Social Security OASDI benefits are, and other Federal or State benefits may be insulated from claims of the Commonwealth for care and maintenance by statute, 42 U.S.C.A. § 407.
(6) The resident is entitled to the reasonable value of unpaid work benefitting the Commonwealth in reduced costs of maintenance and operation of the facility to which he was admitted, performed by him, by way of offset.
(7) The care and maintenance is less than assessed by the Commonwealth.
(8) Any other defenses or offsetting claims in law and equity.
This section cited in 55 Pa. Code § 11.87 (relating to abatement, modification, or discharge of liability).
