The 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 sibling or adult child who provided care that delayed the recipient's admission to a medical institution to prevent foreclosure, with a written attestation from a physician serving as sufficient documentation.
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 new exemptions for life estate interests in real estate under certain conditions, such as when a relative resides with the recipient and provides care. The bill also outlines the process for the department to certify whether medical assistance reimbursement is due and establishes a timeline for recovery actions against the estate. The original section 68-919 is repealed, consolidating the updated provisions into the amended statute.
Statutes affected: Introduced: 68-919
Final Reading: 68-919
Slip Law: 68-919