Section 4310.20. Clinical abatement or modification of liability

(a) The Department may make a clinical abatement or modification of liability if the imposition of liability would result in a greater financial burden upon the people of this Commonwealth or would create such a financial burden upon such mentally disabled person as to nullify the result of care and treatment, service, or other benefits afforded to the person under the Mental Health and Mental Retardation Act of 1966. Clinical abatements will be granted only if:

(1) The imposition of liability would be likely to negate the effectiveness of treatment, or prohibit the client’s entry into treatment.

(2) The failure to provide the treatment would result in serious harm to the client’s welfare or in greater cost to this Commonwealth due to the deterioration of the client’s condition.

(b) Requests for clinical abatement or modification may be initiated either by the MH or MR professional who is treating the client or by the liable person. If initiated by the liable person, the request shall be endorsed by the MH or MR professional who is treating the client.

(c) When making a request for clinical abatement, the treating MH or MR professional shall justify the request in the client’s case record by stating why he believes that the client qualifies for clinical abatement or modification. The request for clinical abatement or modification shall be forwarded to the Secretary’s designee on Form PW-1075. The Secretary’s designee shall review the request and notify the MH or MR professional and the institutional collections officer of the decision.

The provisions of this § 4310.20 adopted December 3, 1982, effective December 4, 1982, 12 Pa.B. 4149.

Notation

Notes of Decisions

Petitioner, who received psychiatric care after his discharge from a State hospital in a clinical abatement proceeding was not eligible for abatement because he was not a ‘‘client’’ as defined by the Department’s regulations, which requires the patient to be a resident of the State hospital at the time of treatment. Weychert v. Department of Public Welfare, 551 A.2d 605 (Pa. Cmwlth. 1988).