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§ 5701.503. Home and community-based care services

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and SafetyEffective: July 1, 2001

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 35 P.S. Health and Safety (Refs & Annos)
Chapter 27E. Tobacco Settlement Act (Refs & Annos)
Chapter 5. Home and Community-Based Care
Effective: July 1, 2001
35 P.S. § 5701.503
§ 5701.503. Home and community-based care services
(a) Appropriations.--Appropriations from the fund to the Department of Public Welfare for home and community-based care services shall be used to pay enrolled providers for home and community-based care services provided to funded individuals in accordance with all applicable Federal and State requirements. Appropriations from the fund to the department shall be used for home and community-based care services to assisted individuals and for coordination of services provided under this chapter.
(b) Applicant responsibilities.--An applicant for home and community-based care services shall do all of the following:
(1) Request an assessment in accordance with procedures established by the department and the Department of Public Welfare.
(2) Cooperate with the Department of Public Welfare and the department, as applicable, in determining eligibility for home and community-based care services, including financial eligibility.
(c) Funded individual responsibilities.--An applicant who receives home and community-based care services as a funded individual shall notify the Department of Public Welfare of any change in resources or income as specified by the Department of Public Welfare.
(d) Assisted individual responsibilities.--An applicant who receives home and community-based care services as an assisted individual shall do all of the following:
(1) Pay a monthly copayment on a sliding scale developed by the department and the Department of Public Welfare based on resources and income. The monthly copayment shall not exceed the actual costs of the home and community-based care services to be received.
(2) Notify the department of any change in resources and monthly income as specified by the department.
(e) Department of Public Welfare responsibilities.--The Department of Public Welfare shall do all of the following:
(1) Determine the financial eligibility of applicants.
(2) Provide funding to enrolled providers for home and community-based care services to funded individuals.
(3) Notify the department of applicants determined to be assisted or funded individuals.
(4) In cooperation with the department, submit a report no later than November 30, 2002, and annually thereafter to the chair and minority chair of the Aging and Youth Committee of the Senate, the chair and minority chair of the Public Health and Welfare Committee of the Senate, the chair and minority chair of the Aging and Older Adult Services Committee of the House of Representatives, the chair and minority chair of the Health and Human Services Committee of the House of Representatives, the chair and minority chair of the Appropriations Committee of the Senate and the chair and minority chair of the Appropriations Committee of the House of Representatives. The report shall be made available for public inspection and posted on the publicly accessible World Wide Web site of the Department of Public Welfare. The report shall include:
(i) The number of applicants.
(ii) The number of assisted and funded individuals by county.
(iii) The total expenditure by county.
(iv) The scope and average cost of services provided to assisted and to funded individuals.
(v) The average expenditure per assisted and per funded individual.
(vi) The average copayment amount per assisted individual.
(vii) Any other information deemed necessary by the Department of Public Welfare.
(f) Department responsibilities.--The department shall do all of the following:
(1) Coordinate the collection of copayments from assisted individuals for home and community-based care services.
(2) Provide funding to entities designated by the department to provide home and community-based care services to assisted individuals.
(3) Assist the Department of Public Welfare in the recruitment of providers.
(4) Facilitate the transition of assisted individuals who become eligible for home and community-based care services as funded individuals.
(g) Limitations.--
(1) In no case shall the total aggregate amount of payments to enrolled providers under this chapter exceed Federal appropriations and State appropriations from the fund to the Department of Public Welfare for home and community-based care services.
(2) In no case shall the total aggregate amount of payments to entities that provide home and community-based care services to assisted individuals under this chapter exceed Federal appropriations and State appropriations from the fund to the department for home and community-based care services.
(3) In no case shall the creation of this program be considered an entitlement to home and community-based care services.

Credits

2001, June 26, P.L. 755, No. 77, § 503, effective July 1, 2001.
35 P.S. § 5701.503, PA ST 35 P.S. § 5701.503
Current through Act 13 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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