2010 Pennsylvania Code
Title 23 - DOMESTIC RELATIONS
Chapter 46 - Support of the Indigent
4604 - Property liable for expenses.

     § 4604.  Property liable for expenses.
        (a)  General rule.--Except as limited by subsection (c), the
     following apply:
            (1)  Subject to paragraph (2), the personal property of
        an indigent person shall be liable for the expenses incurred
        by a public body or public agency for the support,
        maintenance, assistance and burial of:
                (i)  the indigent person;
                (ii)  the spouse of the indigent person; and
                (iii)  each unemancipated child of the indigent
            person.
            (2)  Paragraph (1) applies to personal property if:
                (i)  the property was owned during the time the
            expenses were incurred; or
                (ii)  during the time the expenses were incurred,
            there existed a cause of action which resulted in the
            ownership of the property.
        (b)  Suit.--
            (1)  A public body or public agency may sue the owner of
        property referred to in this subsection for money expended.
            (2)  Except as set forth in paragraph (3) or subsection
        (c), the following apply:
                (i)  A judgment obtained under this subsection shall
            be a lien upon the estate of the defendant and may be
            collected as other judgments.
                (ii)  A claim under this section shall have the force
            and effect against the real and personal estate of a
            deceased person as other debts of a decedent and shall be
            ascertained and recovered in the same manner.
            (3)  Paragraph (2)(i) does not apply to the real and
        personal property comprising the home and furnishings of the
        defendant.
        (c)  Lien prohibited.--Except pursuant to the judgment of a
     court on account of benefits incorrectly paid on behalf of an
     individual, no lien may be imposed against the real property
     which is the primary residence of any individual or of the
     individual's spouse on account of assistance paid or to be paid
     on the individual's behalf.
        (d)  Lien against proceeds.--In order to carry out the
     purposes of this section, the department shall have a first lien
     against the proceeds of any cause of action that existed during
     the time an individual, his spouse or his unemancipated children
     received cash assistance. Unless otherwise directed by the
     department, no payment or distribution shall be made to a
     claimant or claimant's designee of the proceeds of any action,
     claim or settlement where the department has an interest without
     first satisfying or assuring the satisfaction of the interest of
     the Commonwealth. Any person who, after receiving notice of the
     department's interest, knowingly fails to comply with this
     subsection shall be liable to the department, and the department
     may sue and recover from the person.