§ 258.6. Priority of the Department’s claim.
(a) The Department’s claim is entitled to priority under 20 Pa.C.S. § 3392(3) (relating to classification and order of payment) to the extent it includes payment for services rendered within 6 months of death. Otherwise, the Department’s claim shall be paid under 20 Pa.C.S. § 3392(6).
(b) The Department’s claim against deposit accounts and patient care accounts subject to 20 Pa.C.S. § 3101 (relating to payments to family and funeral directors) is subordinate to reasonable funeral expenses and to those claims of creditors having priority over the Department under 20 Pa.C.S. § 3392.
(c) The Department’s claim against assets subject to 20 Pa.C.S. § 3101 shall be superior to that of family members and any person receiving money under that provision of law shall be answerable to the Department.
(d) The Department’s claim is subordinate to the family exemption and to perfected liens on specific property. A family exemption is the exemption provided by 20 Pa.C.S. § 3121 (relating to when available).
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