Section 3170.31. Liability of the county and the Department

(a) Neither the Department nor a county will be required to expend funds to provide services to a child so long as the child is eligible for or receiving benefits which exceed the cost of the service, under a private, public, county, State, or Federal program. Federal funding in this context includes payments made to or for the child, such as AFDC-F, Social Security, Supplemental Security Income, and Veterans Benefits.

(b) When the child is no longer eligible for benefits under another program or the benefits no longer exceed the cost of the service, the Department and the county will share the cost of providing services to the child, to the extent that the cost exceed a benefit to the child and are not borne by the Federal government or a private person or agency. This section shall not be construed so as to decrease or eliminate eligibility of a person, a facility of the State, or a political subdivision to receive a type of Federal assistance, grants, or funding.

(c) The Mental Health Mental Retardation Act of 1966 (50 P. S. § § 4101, 4102, 4201—4203, 4301—4305, 4401—4426, 4501—4512, 4601—4606 and 4701—4704) contains a contingent liability clause similar to the one stated in subsection (b). In order to avoid confusion, when either the mental health/mental retardation or children and youth social service program request a determination on liability, the Department will determine, through its regional office:

(1) If the costs shall be charged to the mental health/mental retardation or children and youth social service program on the basis of the type of service provided.

(2) Which of these programs shall provide the service.

Notation

Cross References

This section cited in 55 Pa. Code § 3140.17 (relating to review of county plans and budgets).