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| PRIOR PRINTER'S NO. 50 | PRINTER'S NO. 2039 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY SOLOBAY, CALTAGIRONE, BELFANTI, CREIGHTON, SIPTROTH, VULAKOVICH, WHITE, KORTZ, GIBBONS, CARROLL, KULA, THOMAS, WALKO, FABRIZIO, MAHONEY, GEIST, MURT AND DENLINGER, JANUARY 26, 2009 |
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| AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 8, 2009 |
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| AN ACT |
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1 | Amending Title 20 (Decedents, Estates and Fiduciaries) of the |
2 | Pennsylvania Consolidated Statutes, in dispositions |
3 | independent of letters, further providing for payments to |
4 | family and funeral directors. |
5 | The General Assembly of the Commonwealth of Pennsylvania |
6 | hereby enacts as follows: |
7 | Section 1. Section 3101(b) and (c) of Title 20 of the |
8 | Pennsylvania Consolidated Statutes are amended to read: |
9 | § 3101. Payments to family and funeral directors. |
10 | * * * |
11 | (b) Deposit account.--Any bank, savings association, savings |
12 | and loan association, building and loan association, credit |
13 | union or other savings organization, at any time after the death |
14 | of a depositor, member or certificate holder, [may] shall pay |
15 | the amount on deposit or represented by the certificate, when |
16 | the total standing to the credit of the decedent in that |
17 | institution does not exceed [$3,500] $15,000, to the spouse, any | <-- |
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1 | institution does not exceed [$3,500] $15,000, as follows: | <-- |
2 | (1) If the decedent was under 55 years of age or if the |
3 | decedent was 55 years of age or older and a letter from the |
4 | Department of Public Welfare is presented stating that there |
5 | is no estate recovery claim, the amount on deposit shall be |
6 | paid to the spouse, any child, the father or mother or any |
7 | sister or brother (preference being given in the order named) |
8 | of the deceased depositor, member or certificate holder or |
9 | the licensed funeral director who performed the funeral of |
10 | the decedent, provided that a receipted funeral bill or an |
11 | affidavit, executed by a licensed funeral director which sets |
12 | forth that satisfactory arrangements for payment of funeral |
13 | services have been made, is presented. [Any bank, | <-- |
14 | association, union or other savings organization making such |
15 | a payment shall be released to the same extent as if payment |
16 | had been made to a duly appointed personal representative of |
17 | the decedent and it shall not be required to see to the |
18 | application thereof.] Any person to whom payment is made | <-- |
19 | shall be answerable therefor to anyone prejudiced by an |
20 | improper distribution. |
21 | (2) If the decedent was 55 years of age or older and no | <-- |
22 | letter from the department is presented stating that there is |
23 | no estate recovery claim, then up to $3,500 shall be paid to |
24 | the licensed funeral director who performed the funeral of |
25 | the decedent provided that a receipted funeral bill or an |
26 | affidavit executed by a licensed funeral director is |
27 | presented setting forth that satisfactory arrangements for |
28 | payment of funeral services have been made, other than full |
29 | payment from a burial reserve account. The balance in the |
30 | account or certificate shall be forwarded to the department |
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1 | on account of any estate recovery claim. |
2 | (c) Patient's care account.--When the decedent was a |
3 | qualified recipient of medical assistance from the [Department | <-- |
4 | of Public Welfare] department, the facility in which he was a | <-- |
5 | patient [may] shall make payment of funds, if any, remaining in |
6 | the patient's care account, for the decedent's funeral and |
7 | burial expenses to a licensed funeral director in an amount not |
8 | exceeding [$3,500] $15,000 whether or not a personal | <-- |
9 | representative has been appointed. After the payment of |
10 | decedent's funeral and burial expenses, if any, the facility | <-- |
11 | [may] shall pay the balance of decedent's patient's care |
12 | account[, as long as the payments including the payment for | <-- |
13 | funeral and burial expenses does not exceed [$4,000] $15,000 to | <-- |
14 | the department on account of any estate recovery claim if the |
15 | decedent was 55 years of age or older, and if otherwise, to the |
16 | spouse, any child, the father or mother or any sister or brother |
17 | (preference being given in the order named) of the deceased |
18 | patient. Any facility making such a payment shall be released to |
19 | the same extent as if payment had been made to a duly appointed |
20 | personal representative of the decedent and it shall not be |
21 | required to see to the application thereof. [Any licensed |
22 | funeral director or other person to whom payment is made shall |
23 | be answerable therefor to anyone prejudiced by an improper |
24 | distribution.] |
25 | * * * |
26 | Section 2. This act shall take effect in 60 days. |
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