62 Pa. Stat. § 441.4

Current through P.A. Acts 2023-32
Section 441.4 - Reasonable limits on allowable income deductions for medical expenses when determining payment toward the cost of long-term care services
(a) When determining a recipient's payment toward the cost of long-term care services, long-term care medical expenses incurred six months or more prior to application for medical assistance shall be disallowed as a deduction, and medical and remedial expenses that were incurred as a result of a transfer of assets penalty shall be limited to zero unless application of these limits would result in undue hardship.
(b) As used in this section, the term "undue hardship" shall mean that either:
(1) denial of medical assistance would deprive the individual of medical care and endanger the individual's health or life; or
(2) the individual or a financially dependent family member would be deprived of food, shelter or the necessities of life.

62 P.S. § 441.4

1967, June 13, P.L. 31, No. 21, art. 4, § 441.4, added 2005, July 7, P.L. 177, No. 42, § 1, imd. effective. Amended 2009, Dec. 17, P.L. 598, No. 54, § 3, imd. effective. Reenacted 2010, Oct. 22, P.L. 829, No. 84, § 1, imd. effective.