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Pennsylvania Statutes Title 35 P.S. Health and Safety § 5701.502. Definitions

Current as of January 01, 2022 | Updated by FindLaw Staff

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

“Applicant.” An individual who applies for services under this chapter and who meets all of the following:

(1) Legally resides in the United States.

(2) Is domiciled in this Commonwealth.

(3) Is 60 years of age or older.

“Assisted individual.” An applicant who meets all of the following:

(1) Is domiciled in this Commonwealth for at least 30 days prior to requesting an assessment.

(2) Has been assessed by the department to be in need of care equivalent to the level of care provided by a nursing facility.

(3) Has monthly income at or below 300% of the Federal benefit rate.

(4) Exceeds the resource eligibility requirements for medical assistance under the act of June 13, 1967 (P.L. 31, No. 21),  1 known as the Public Welfare Code, but does not exceed a resource level determined by the department and the Department of Public Welfare which in no case shall be less than $40,000.

“Department.” The Department of Aging of the Commonwealth.

“Enrolled provider.” A provider who participates in the medical assistance program pursuant to the act of June 13, 1967 (P.L. 31, No. 21), known as the Public Welfare Code.

“Federal benefit rate.” The amount payable to a Supplemental Security Income (SSI) beneficiary under section 1611(b)(1) of the Social Security Act (49 Stat. 620, 42 U.S.C. § 1382(b)(1)) who resides in his or her own home and has no income or resources.

“Funded individual.” An applicant who meets all of the following:

(1) Has been assessed to be in need of care equivalent to the level of care provided by a nursing facility.

(2) Is financially eligible for medical assistance under the act of June 13, 1967 (P.L. 31, No. 21), known as the Public Welfare Code.

“Home and community-based care services.” An array of services designated by the Department of Aging and the Department of Public Welfare to maintain older Pennsylvanians in their homes.

“Nursing facility.” A facility which is:

(1) licensed under the act of July 19, 1979 (P.L. 130, No. 48),  2 known as the Health Care Facilities Act; and

(2) qualified to participate under Title XIX of the Federal Social Security Act. 3

1 62 P.S. § 101 et seq.
2 35 P.S. § 448.101 et seq.
3 42 U.S.C.A. § 1396 et seq.
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Cite this article: FindLaw.com - Pennsylvania Statutes Title 35 P.S. Health and Safety § 5701.502. Definitions - last updated January 01, 2022 | https://codes.findlaw.com/pa/title-35-ps-health-and-safety/pa-st-sect-35-5701-502/

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