06 LC
21 8909
Senate
Bill 661
By:
Senators Powell of the 23rd and Tarver of the 22nd
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia
Annotated, relating to medical assistance generally, so as to provide that
estate recovery under Medicaid shall not apply to estates valued at $100,000.00
or less; to provide for hardship waivers to estate recovery for certain
circumstances; to specify when claim may be made against the estate of a
Medicaid recipient; to specify when a claim may not be made against the estate
of a Medicaid recipient; to provide for submission of an amendment to the state
plan; to provide for automatic repeal under certain conditions; to provide for
other related matters; to provide for an effective date; to repeal conflicting
laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating
to medical assistance generally, is amended by striking Code Section 49-4-147.1,
relating to claims by the department against the estate of Medicaid recipients,
and inserting in lieu thereof the following:
"49-4-147.1.
(a)
In accordance with applicable federal law and regulations, including those under
Title XIX of the federal Social Security Act, the department may make claim
against the estate of a Medicaid recipient for the amount of any medical
assistance payments made on such
persońs
behalf by the department. The commissioner shall waive such claim if he
or
she determines enforcement of the claim
would result in substantial and unreasonable hardship to dependents of the
individual against whose estate the claim exists.
(b)(1)
This Code section shall not apply to the estates of Medicaid recipients that are
valued at $100,000.00 or less. The value of the estate shall not include
yeaŕs
support; funeral expenses not to exceed $5,000.00; necessary expenses of
administration; reasonable expenses of the
recipient́s
last illness; an amount for a homestead of the decedent equal to 50 percent of
the average price of homes in the county in which the homestead is located as of
the date of the Medicaid
recipient́s
death; insurance policy proceeds; retirement accounts, such as
IRÁs;
pension plans; financial institution payable on death accounts, joint accounts,
or credit union accounts; mutual funds; or deferred compensation
plans.
(2)
A claim shall be waived as a substantial and unreasonable hardship when the
estate of the Medicaid recipient includes property which is used to generate the
primary source of income of survivors, such as a family farm.
(3)
The department may only make claim against the estate of a deceased Medicaid
recipient who was 55 years old or older and where medical assistance payments
were made pursuant to this article on behalf of such recipient for:
(A)
Services in a nursing home or skilled nursing facility;
(B)
Services in a home and community based program;
(C)
Services in an intermediate care facility; or
(D)
Related hospital care and prescription drug services provided while the
recipient recieved care in a nursing home, skilled nursing facility, home and
community based program, or intermediate care facility.
(4)
The department shall not make claim against the estate of a deceased Medicaid
recipient if the recipient is survived by:
(A)
A spouse;
(B)
A child or children under 21 years of age;
(C)
A child or children who are blind or permanently and totally disabled pursuant
to the eligibility requirements of Title XIX of the federal Social Security Act;
or
(D)
An unmarried adult child living with the family.
(5)
No later than July 1, 2006, the department shall submit an amendment to the
state plan with the United States Department of Health and Human Services
Centers for Medicare and Medicaid Services reflecting the provisions of this
subsection. In the event that such amended state plan is not approved, this
subsection shall stand repealed in its entirety.
(6)
This subsection shall become effective July 1, 2007, unless otherwise repealed
in accordance with paragraph (5) of this
subsection."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.