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 provisions that clarify the conditions under which the department may recover debts related to medical assistance provided to recipients aged fifty-five or older or those who were institutionalized. Specifically, the bill stipulates that debts will be held in abeyance until the recipient's death and outlines circumstances under which the department cannot foreclose on a lien on the recipient's home, such as when a sibling or adult child has provided care that delayed the recipient's admission to a medical institution.

Additionally, the bill expands the definition of the recipient's estate to include various assets and outlines the process for the department to certify whether medical assistance reimbursement is due. It also establishes a timeline for the department to bring recovery actions against the estate and allows for the waiver or compromise of claims if enforcement would not be in the state's best interest. The bill further clarifies the department's rights to recover medical assistance costs from third-party recoveries and allows for the adoption of rules and regulations to implement these changes. The original section 68-919 is repealed as part of this legislative update.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