Section 10226.103 - Payment refunds(a) Refunds required.--(1) A "personal care home," as defined insection 1001 of the act of June 13, 1967 (P.L. 31, No. 21), known as the Public Welfare Code, that collects payment from a consumer shall, within 30 days from the date that the living unit is cleared of the consumer's personal property as a result of the consumer's death, pay the personal representative or guardian of the consumer the amount of the difference between any payment made, including any unpaid interest thereon, and the cost of elder care actually provided to the consumer.(2) A "long-term care nursing facility," as defined in section 802.1 of the act of July 19, 1979 (P.L. 130, No. 48) , known as the Health Care Facilities Act, that collects payment from a consumer shall, within 60 days from the date of the death of the consumer, pay the personal representative or guardian of the consumer the amount of the difference between any payment made, including any unpaid interest thereon, and the cost of elder care actually provided to the consumer.(3) A facility, except for a facility subject to paragraph (1) or (2), or a home health care agency that collects payment from a consumer shall, within 30 days from the date of the death of the consumer, pay the personal representative or guardian of the consumer the amount of the difference between any payment made, including any unpaid interest thereon, and the cost of elder care actually provided to the consumer.(4) Any clause within a contractual agreement which imposes such elder care costs and which is entered into between the consumer and the facility on or after the effective date of this act that does not meet the standards established by this act shall be null and void.(b) Liability for noncompliance.--If the facility or home health care agency fails to pay the personal representative or guardian as required by this section, the facility shall be liable to the personal representative or guardian for twice that portion of the payment, including any unpaid interest thereon, that exceeds the cost of the elder care actually provided, as determined by a court having jurisdiction in civil actions at law. This subsection shall not apply if the facility can demonstrate that, after good faith efforts, it was unable to contact the personal representative or guardian as required by this act.2002, Dec. 9, P.L. 1388, No. 171, §3, effective in 60 days. Affected 2007, July 25, P.L. 402, No. 56, §8(13), effective in 90 days [ 10/23/2007].