I 

118TH CONGRESS 

2D SESSION H. R. 7573 

To amend title XIX of the Social Security Act to repeal the requirement 

that States establish a Medicaid Estate Recovery Program and to limit 

the circumstances in which a State may place a lien on a Medicaid 

beneficiary’s property. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 6, 2024 

Ms. SCHAKOWSKY (for herself, Ms. MATSUI, Ms. CLARKE of New York, Mrs. 

DINGELL, Mr. QUIGLEY, Mr. POCAN, Ms. SCANLON, Mr. GARCI ́A of Illinois, Ms. PRESSLEY, Ms. BARRAGA ́N, Mr. GRIJALVA, Mrs. TRAHAN, Mr. 

COHEN, and Ms. OMAR) introduced the following bill; which was referred 

to the Committee on Energy and Commerce 

A BILL 

To amend title XIX of the Social Security Act to repeal 

the requirement that States establish a Medicaid Estate 

Recovery Program and to limit the circumstances in 

which a State may place a lien on a Medicaid beneficiary’s property. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Stop Unfair Medicaid 

5 Recoveries Act’’. 


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1 SEC. 2. LIENS, ADJUSTMENTS, AND RECOVERIES FOR MED2 ICAL ASSISTANCE. 

3 (a) LIENS.—Section 1917(a) of the Social Security 

4 Act (42 U.S.C. 1396p(a)) is amended— 

5 (1) in paragraph (1)— 

6 (A) in the matter preceding subparagraph 

7 (A), by striking ‘‘plan, except—’’ and inserting 

8 ‘‘plan, except, subject to paragraph (4)—’’; and 

9 (B) in subparagraph (B), by striking ‘‘in 

10 the case of’’ and inserting ‘‘with respect to liens 

11 imposed before the date of the enactment of the 

12 Stop Unfair Medicaid Recoveries Act, in the 

13 case of’’; and 

14 (2) by adding at the end the following: 

15 ‘‘(4) Notwithstanding any preceding provision of this 

16 subsection, not later than 90 days after the date of the 

17 enactment of this paragraph, a State shall— 

18 ‘‘(A) withdraw any lien imposed under para19 graph (1)(B) that is in effect as of such date; and 

20 ‘‘(B) notify each individual (or legal representa21 tive of such individual (or of such individual’s es22 tate)) subject to such a lien so withdrawn of the 

23 withdrawal of such lien.’’. 

24 (b) ADJUSTMENTS AND RECOVERIES.—Section 

25 1917(b) of the Social Security Act (42 U.S.C. 1396p(b)) 

26 is amended— 


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1 (1) in paragraph (1), by striking ‘‘except that’’ 

2 and inserting ‘‘except that, subject to paragraph 

3 (6),’’; and 

4 (2) by adding at the end the following: 

5 ‘‘(6) Notwithstanding any preceding provision of this 

6 subsection, no adjustment or recovery of any medical as7 sistance correctly paid on behalf of an individual under 

8 the State plan may be initiated, maintained, or collected 

9 on or after the date of the enactment of this paragraph. 

10 Not later than 90 days after such date, a State shall— 

11 ‘‘(A) withdraw any lien in effect as of such date 

12 with respect to such medical assistance correctly 

13 paid; and 

14 ‘‘(B) notify each individual (or legal representa15 tive of such individual (or of such individual’s es16 tate)) subject to such a lien so withdrawn of the 

17 withdrawal of such lien and the prohibition on ad18 justment or recovery under this paragraph.’’. 

Æ 


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