Section 10225.309 - Financial obligations; liabilities and paymentsAll individuals receiving services and all agencies providing services under this chapter shall comply with the following provisions regarding liability for the payment of services:
(1) Funding to provide or make available protective services under this chapter shall not supplant any public and private entitlements or resources for which persons receiving protective services under this chapter are or may be eligible, and shall not be available until such persons have exhausted their eligibility and receipt of benefits under said public and private entitlements or resources.(2) Funding available to local protective services agencies under this chapter may be used to cover the costs of activities including, but not limited to, the following: (i) Administering protective services plans required under section 301(c) . (ii) Receiving and maintaining records of reports of abuse under section 302. (iii) Conducting investigations of reported abuse under section 303.(iv) Carrying out client assessments and developing service plans under section 303. (v) Petitioning the court under sections 304 and 307. (vi) Providing emergency involuntary intervention under section 307.(vii) Arranging for available services needed to carry out service plans, which may include, as appropriate, arranging for services for other household members in order to reduce, correct or eliminate abuse, neglect, exploitation or abandonment of an older adult.(viii) Purchasing, on a temporary basis, services determined by a service plan to be necessary to reduce, correct or eliminate abuse, neglect, exploitation or abandonment of an older adult when such services are not available within the existing resources of the agency or other appropriate provider. Purchase of services under this provision is limited to a 30-day period which may be renewed with adequate justification under regulations promulgated by the department.(3) The obligation of the Commonwealth and the counties to provide funds to the department or any agency for services provided pursuant to this chapter shall be entirely discharged by the appropriations made to the department or an agency. Provided that the agency has met its responsibility under the law, no action at law or equity shall be instituted in any court to require the department, any agency, county or the Commonwealth to provide benefits or services under this chapter for which appropriations from the Commonwealth or counties are not available.(4) Protective services clients receiving the same services provided to others under an agency service plan shall not be required to pay a fee for any services not subject to cost sharing for other older adults.1987, Nov. 6, P.L. 381, No. 79, § 12 (35 P.S. § 10222). Renumbered as § 309 and amended by 1996, Dec. 18, P.L. 1125, No. 169, § 4, effective in 90 days.