Certain property is not subject to DHS’s claim. Such property includes, but is not limited to:
Property held by the decedent and another individual at the time of death as joint tenants with rights of survivorship.
Proceeds of life insurance on the decedent which is directly payable to a living beneficiary.
Assets placed in trust (including irrevocable burial reserves) prior to the decedent’s death, if those assets are not payable to the estate.
A trust which meets the requirements of 55 Pa Code § 178.7(f) (relating to treatment of trust amounts for all categories of MA for trusts established on or after July 30, 1994).
55 Pa. Code, § 178.7 (f).
Certain income, resources, and property, including Government reparation payments, of Native American Indians and Alaska natives are exempt from DHS’s claim.
Updated January 31, 2019, Replacing May 1, 2012