Sunday, April 3, 2022

Bill Introduced to Repeal Medicaid Estate Recovery

A bill, Stop Unfair Medicaid Recoveries Act, has been introduced in Congress to repeal Medicaid Estate Recovery and to limit liens.  The bill, HR 6698 addresses the elimination of estate recovery this way:

“(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.”

The full text is available here.  Information about the bill, including the sponsor and co-sponsors, is available here. Thanks to attorney Jim Schuster for alerting us to this legislation.

Consumer Information, Current Affairs, Federal Statutes/Regulations, Health Care/Long Term Care, Medicaid, State Statutes/Regulations | Permalink


Thank you for posting this overlooked but very important bill. Medicaid Estate Recovery (MER) has been extensively criticized for harming the poor, disabled and communities of people of color.
Studies have shown that MER has failed to meet its purposes of funding the long term care program and motivating people to buy long term care insurance.
However it is not generally recognized that it adversely affects "middle class" working families. In the 21st Century the American workforce must engage in continuous post-secondary education if America is to remain competitive in the global economy. Employees need "capital" to cover the cost of time away from work and the cost of this education. Medicaid Estate Recovery works against this critical national need. It is not ironic that the same arguments that applied to the increase in exemption from the federal estate tax for "small business and farm families" apply equally to working families. Both need "capital."
I have posted many other compelling reasons why MER should be repealed in my blog at

Posted by: Jim Schuster | Apr 4, 2022 1:11:53 PM

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