Stop Unfair Medicaid Recoveries Act

Bill: 118-hr-7573
Sponsor: full_name: Rep. Schakowsky, Janice D. [D-IL-9]
Introduced: 2024-03-06
Policy area: Health
Latest action: action_date: 2024-03-08
text: Referred to the Subcommittee on Health.

Summaries:
action_date: 2024-03-06
action_desc: Introduced in House
text: <p><strong>Stop Unfair Medicaid Recoveries Act&nbsp;</strong></p><p>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 and notify affected individuals of the&nbsp;withdrawals.</p>

tv_txt: I 118th CONGRESS 2d Session H. R. 7573 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. García of Illinois , Ms. Pressley , Ms. Barragán , 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. Short title This Act may be cited as the Stop Unfair Medicaid Recoveries Act . 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, 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— (A) withdraw any lien imposed under paragraph (1)(B) that is in effect as of such date; and (B) notify each individual (or legal representative of such individual (or of such individual’s estate)) subject to such a lien so withdrawn of the withdrawal of such lien. . (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— (A) withdraw any lien in effect as of such date with respect to such medical assistance correctly paid; and (B) notify each individual (or legal representative of such individual (or of such individual’s estate)) subject to such a lien so withdrawn of the withdrawal of such lien and the prohibition on adjustment or recovery under this paragraph. .