Amendment #9 to H4178

Equity in MassHealth Estate Recovery

Ms. Barber of Somerville moves to amend the amendment by adding the following three sections: -

SECTION XX. Subsection (b) of section 31 of chapter 118E of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by inserting after the word “ninety-five”, the following words:-

“and prior to April 1, 2024.”

SECTION XX. Section 31 of chapter 118E of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by inserting after subsection (b) the following subsection:-

(b½) This subsection shall apply to estates of individuals dying on or after April 1, 2024. There shall be no adjustments or recovery of medical assistance correctly paid except as follows:

(1) Recovery from the Permanently Institutionalized: From the estate of an individual, regardless of age, who was an inpatient in a nursing facility or other medical institution within the meaning of 42 USC 1396p(a)(1)(B) when the individual received such assistance; provided, however, that recovery of such assistance shall be limited to assistance provided on or after March 22, 1991 and for which estate recovery is mandated by 42 USC 1396p(b)(1)(A).

(2) Recovery from Persons Age 55 and Over for Post October 1, 1993 Medicaid: From the estate of an individual who was 55 years of age or older when the individual received such assistance, where such assistance was for services provided on or after October 1, 1993, but only for medical assistance consisting of nursing facility services, home and community-based services and related hospital and prescription drug services for which estate recovery is mandated by 42 USC 1396p(b)(1)(B)(i) or other federal law.

Any recovery may be made only after the death of the surviving spouse, if any, and only at a time when the individual has no surviving child under the age of 21 years or who is an individual who is blind or an individual with a disability.

SECTION XX. Said section 31 of said chapter 118E, as so appearing, is hereby further amended by adding the following subsection:-

(e) Notwithstanding subsection (b½), there shall be no adjustment or recovery of medical assistance correctly paid from the estate of an individual who was receiving such assistance under the CommonHealth program for adults with disabilities or for payment of personal care attendant services.

Additional co-sponsor(s) added to Amendment #9 to H4178

Equity in MassHealth Estate Recovery