Section 4310.17. Abatement or modification of liability

(a) Only in extraordinary circumstances will consideration be given to abatement or modification of liability in accordance with the following criteria under section 504(a) of the Mental Health and Mental Retardation Act of 1966 (50 P. S. § 4504(a)). The imposition of such liability would:

(1) ‘‘result in the loss of financial payments or other benefits from any public or private source which the mentally disabled person would receive, would be eligible to receive or which would be expended on his behalf except for such liability’’;

(2) ‘‘result in a substantial hardship upon the mentally disabled person, a person owing a legal duty to support such person or the family of either’’;

(3) ‘‘result in a greater financial burden upon the people of the Commonwealth’’; or

(4) ‘‘create such a financial burden upon such mentally disabled person as to nullify the results of care and treatment, service or other benefits afforded to such person under any of this act.’’

(b) The institutional collections officer may assist the client and/or his legally liable relative in the preparation of a request for an abatement or modification, if so requested. This may include checking to insure the inclusion of all required information, typing the final copy, and forwarding the request to the Secretary of Public Welfare or his designee. (Complete PW-83 and PW-833.)

The provisions of this § 4310.17 adopted December 3, 1982, effective December 4, 1982, 12 Pa.B. 4149.

Notation

Notes of Decisions

The Department was under no obligation to procure or produce evidence of alleged debts incurred by petitioner for level representation in a criminal matter for purposes of reviewing his assessed liability. Mulgrew v. Department of Public Welfare, 557 A.2d 1160 (Pa. Cmwlth. 1989); appeal denied 574 A.2d 74 (Pa. 1990).