An Act To Prevent Medicaid Payment from a Savings Account Established under the Federal ABLE Act of 2014
Maine Legislature, Session 129, LD 1637
Committee Amendment CA_A_S179 (Senate)

COMMITTEE AMENDMENT "/~" to S.P. 526, L.D. 1637, Bill, "An Act To 
Prevent Medicaid Payment from a Savings Account Established under the Federal ABLE 
Act of 2014" 
Amend the bill in section 1 in §156 by striking out all of the 2nd paragraph (page 1, 
lines 10 to 14 in L.D.) and inserting the following: 
'Unless otherwise required by the United States Social Security Act, 42 United States 
Code, Section 1396p(b), the State, or any agency or instrumentality of the State, may not 
seek payment for MaineCare benefits provided to a designated beneficiary from an 
account, or its proceeds, that is established under a qualified ABLE program that 
complies with the requirements of the federal Achieving a Better Life Experience Act of 
2014, Public Law 113-295.' 
Amend the bill by inserting after section 1 the following: 
'Sec. 2. 22 MR.SA §14, sub-§2-I, ,rF, as amended by PL 2017, c. 402, Pt. C, §42 
and affected by Pt. F, §1, is further amended to read: 
F. 
As used in this subsection, unless the context otherwise indicates, the term 
"estate" means: 
(1) All real and personal property and other assets included in the recipient's 
estate, as defined in Title 18-C, section 1-201; and 
(2) Any other real and personal property and other assets in which the recipient 
had any legal interest at the time of death, to the extent of that interest, including 
assets conveyed to a survivor, heir or assign of the deceased recipient through 
tenancy in common, survivorship, life estate, living trust, joint tenancy in 
personal property or other arrangement but not including joint tenancy in real 
property. 
Unless otherwise required by the United States Social Security Act, 42 United States 
Code, Section 1396p(b), "estate" does not include an account established under a 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" { "to S.P. 526, L.D. 1637 
,·-1 
qualified ABLE program that complies with the requirements of the federal 
Achieving a Better Life Experience Act of 2014, Public Law 113-295.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
s 
SUMMARY 
This amendment, which is the unanimous report of the committee, clarifies the 
provisions regarding the exemption of an account established under a qualified ABLE 
program that complies with the requirements of the federal Achieving a Better Life 
Experience Act of 2014, Public Law 113-295 from Medicaid estate recovery to the extent 
permitted under federal law. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/19/19 :Wac 
LD 1637 
LR2296(02) 
An Act To Prevent Medicaid Payment from a Savings Account Established under the Federal ABLE 
Act of 2014 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment 'iJ' ( '.:)-\lC\) 
Committee: Health and Human Services 
Fiscal Note Required: Yes 
Fiscal Note 
Minor revenue decrease - General Fund 
Minor revenue decrease - Local Government Fund 
The provision of the bill providing that earnings on funds held in an ABLE account are exempt from individual 
income tax will result in minor decreases in General Fund and Local Government Fund revenues not requiring any 
change to the budget. 
LR2296(02) - Fiscal Note - Page 1 of 1