Title: Stop Unfair Medicaid Recoveries Act of 2022
Policy area: Health

Summary:
Stop Unfair Medicaid Recoveries Act of 2022
This bill prohibits state Medicaid programs from using estate recovery to recoup the costs of benefits. States must withdraw property liens within 90 days of the bill's enactment.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6698 Introduced in House (IH)]

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117th CONGRESS
  2d Session
                                H. R. 6698

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

                            February 9, 2022

 Ms. Schakowsky (for herself, Ms. Matsui, Ms. Clarke of New York, Ms. 
 DeLauro, Mrs. Dingell, Mr. Quigley, Ms. Roybal-Allard, Mr. Pocan, Ms. 
 Scanlon, Mr. Danny K. Davis of Illinois, Mr. Garcia of Illinois, and 
Ms. Pressley) 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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Stop Unfair Medicaid Recoveries Act 
of 2022''.

SEC. 2. LIENS, ADJUSTMENTS, AND RECOVERIES FOR MEDICAL ASSISTANCE.

    (a) Liens.--Section 1917(a) of the Social Security Act (42 U.S.C. 
1396p(a)) is amended--
            (1) in paragraph (1)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``plan, except--'' and inserting ``plan, 
                except, subject to paragraph (4),--''; and
                    (B) in subparagraph (B), by striking ``in the case 
                of'' and inserting ``with respect to liens imposed 
                before the date of the enactment of the Stop Unfair 
                Medicaid Recoveries Act of 2022, in the case of''; and
            (2) by adding at the end the following:
    ``(4) Notwithstanding any preceding provision of this subsection, 
not later than 90 days after the date of the enactment of this 
paragraph, a State shall withdraw any lien imposed under paragraph 
(1)(B) that is in effect as of such date.''.
    (b) Adjustments and Recoveries.--Section 1917(b) of the Social 
Security Act (42 U.S.C. 1396p(b)) is amended--
            (1) in paragraph (1), by striking ``except that'' and 
        inserting ``except that, subject to paragraph (6),''; and
            (2) by adding at the end the following:
    ``(6) Notwithstanding any preceding provision of this subsection, 
no adjustment or recovery of any medical assistance correctly paid on 
behalf of an individual under the State plan may be initiated, 
maintained, or collected on or after the date of the enactment of this 
paragraph. Not later than 90 days after such date, a State shall 
withdraw any lien in effect as of such date with respect to such 
medical assistance correctly paid.''.
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