62 Pa. Stat. § 441.1

Current through P.A. Acts 2023-32
Section 441.1 - Persons eligible for medical assistance
(a) The following persons shall be eligible for medical assistance:
(1) Persons who receive or are eligible to receive cash assistance grants under this article.
(2) Persons who meet the eligibility requirements of this article for cash assistance grants except for citizenship, durational residence and any eligibility condition or other requirement for cash assistance which is prohibited under Title XIX of the Federal Social Security Act.
(3) The medically needy.
(4) Inmates of correctional institutions who meet the eligibility requirements under the Commonwealth's approved Title XIX State Plan who are receiving medical care in medical institutions, as defined in 42 CFR 435.1010 (relating to definitions relating to institutional status). The State share of the medical care for inmates in county correctional institutions shall be contributed by the inmate's county of residence.
(5) Inmates of correctional institutions who do not qualify under paragraph (4) but who meet the income and resource eligibility requirements for general assistance, provided that such persons shall be eligible for general assistance-related medical assistance only for services provided by a disproportionate share hospital if the expenditures for such assistance qualify as an additional disproportionate share payment under the Commonwealth's approved Title XIX State Plan. For purposes of this section, a disproportionate share hospital is a hospital that receives a disproportionate share payment from the department because the hospital provides services to persons who have been determined to be low income under the income and resource standards for the general assistance program. The State share of the medical care for inmates of county correctional institutions shall be contributed by the inmates' county of residence.
(b) For purposes of this section, "correctional institution" means a State or county correctional institution or jail, group home, prerelease center, community corrections center, parole center or facility that houses a person convicted of a criminal offense or awaiting trial, sentencing or extradition in a criminal proceeding. The term does not include a facility or institution operated, supervised or licensed by the department.
(c) Except as provided under subsection (a)(4) and (5), upon notification of incarceration, the department shall temporarily suspend, for a period of not more than two years, medical assistance for a recipient who becomes incarcerated in a correctional institution. The suspension of medical assistance shall cease and the recipient shall continue to receive medical assistance upon notification of an inmate's release from the correctional institution, subject to the eligibility requirements under the Commonwealth's approved Title XIX State Plan.
(d) Notwithstanding subsection (c), upon notification from a correctional institution of an inmate's release and the department's receipt of an inmate's application, the department shall determine the inmate's eligibility for medical assistance. Except as provided under subsection (a)(4) and (5), medical assistance may not be provided until the date of the inmate's release.

62 P.S. § 441.1

Amended by P.L. TBD 2016 No. 76, § 1, eff. 7/8/2016.
1967, June 13, P.L. 31, No. 21, art. 4, § 441.1, added 1968, July 31, P.L. 904, No. 273, § 5. Amended 2011, June 30, P.L. 89, No. 22, § 4.1, effective 7/1/2011.