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.

Bill Text

• Printer's No. PN0303 View text Current pdf

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The bill adds a requirement for long-term care nursing facilities to provide a notice regarding legal representation for medical assistance applications.

• 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 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 notice by signing at the bottom of the notice. (2) The facility operator shall provide the notice to 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 in the office and admission area of the facility and 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 notice 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.

  This creates a new requirement for nursing facility operators to inform residents about their legal rights regarding Medicaid applications.

Action History

1. January 30, 2026

   Referred to Health & Human Services

2. January 28, 2026

   Third consideration and final passage

3. January 28, 2026

   Re-reported as committed

4. December 17, 2025

   Re-committed to Appropriations

5. December 17, 2025

   Second consideration

6. December 16, 2025

   Removed from table

7. September 10, 2025

   Laid on the table

8. September 10, 2025

   Re-reported as committed

9. June 25, 2025

   Re-committed to Rules

10. June 25, 2025

    First consideration

11. June 25, 2025

    Reported as committed

12. June 10, 2025

    Re-referred to Health

13. June 10, 2025

    Reported with request to re-refer to Health

14. January 27, 2025

    Referred to Human Services

Sponsors

• Timothy R. Bonner · Primary
• Jill N. Cooper · Cosponsor
• Jim Haddock · Cosponsor
• Andrew Kuzma · Cosponsor
• David M. Delloso · Cosponsor
• Valerie S. Gaydos · Cosponsor
• Tim Twardzik · Cosponsor
• David H. Zimmerman · Cosponsor
• Tarik Khan · Cosponsor
• Lisa A. Borowski · Cosponsor

Votes

Subjects