Rebecca C. Morgan, of Stetson University Law School, has made available for download her article, “Bill Introduced to Repeal Medicaid Estate Recovery”, published on the Elder Law Prof Blog. The abstract is as follows:
A bill, Stop Unfair Medicaid Recoveries Act, has been introduced in Congress to repeal Medicaid Estate Recovery and to limit liens. The bill, HR 6698 addresses the elimination of estate recovery this way:
“(6) Notwithstanding any preceding provision of this subsection, no adjustment or recovery of any medical assistance correctly paid on behalf of an individual under the State plan may be initiated, maintained, or collected on or after the date of the enactment of this paragraph. Not later than 90 days after such date, a State shall withdraw any lien in effect as of such date with respect to such medical assistance correctly paid.”
Posted by Marin Larkin, Associate Editor, Wealth Strategies Journal.