This bill amends section 68-919 of the Revised Statutes Cumulative Supplement, 2024, to modify the provisions regarding Medicaid estate recovery by the Department of Health and Human Services. Key changes include the addition of "an assisted living facility" to the definition of a medical institution and the introduction of new criteria for avoiding foreclosure on a lien against a recipient's home. Specifically, the bill allows for a written attestation from a physician to serve as sufficient documentation that a sibling or adult child provided care that delayed the recipient's admission to a medical institution, which can prevent foreclosure on the lien.

Additionally, the bill clarifies the definition of the estate of a recipient of medical assistance, specifying what assets are included and excluded from recovery. Notably, it introduces a provision that exempts life estate interests in real estate after twelve months from the recording of a deed if a relative resides with the recipient and can demonstrate that they provided care that delayed the recipient's admission. The bill also outlines the process for the department to certify whether medical assistance reimbursement is due and establishes the timeframe for the department to bring an action for recovery of the debt. The original section 68-919 is repealed as part of this legislative update.

Statutes affected:
Introduced: 68-919
Final Reading: 68-919
Slip Law: 68-919