HR-6951-119
Referred to the House Committee on Energy and Commerce.
Sponsored by Janice Schakowsky (D-IL)
What it does
This bill would eliminate the federal requirement that states operate Medicaid Estate Recovery Programs, which currently let states recoup Medicaid long-term care costs from a deceased beneficiary's estate. It would require states to withdraw existing property liens tied to correctly-paid medical assistance within 90 days, notify affected individuals or their representatives, and would prohibit states from initiating or maintaining new adjustments or recoveries of correctly-paid Medicaid benefits going forward.
Who benefits
Medicaid beneficiaries who received long-term care and their heirs, who would keep more of an estate's value (particularly home equity) after death; low-income families and surviving spouses or children who currently face liens or estate claims; elder law advocates and legal aid organizations that assist beneficiaries with estate planning around Medicaid.
Who is hurt
State Medicaid programs and state budgets, which would lose a revenue recovery mechanism currently estimated to return over $700 million annually nationwide; state agencies that would bear administrative costs of withdrawing existing liens and notifying beneficiaries within 90 days; taxpayers in states that may face pressure to raise other revenue or cut services to offset the lost recoveries.
Supporters argue
Supporters argue that estate recovery disproportionately harms low-income families by seizing modest homes that are often a family's only inherited asset, effectively taxing poverty rather than recovering meaningful sums given that administrative costs can consume much of what is collected. They contend the program discourages people from enrolling in Medicaid long-term care coverage out of fear of losing their homes, undermining the program's core purpose of ensuring access to care.
Opponents argue
Opponents argue that estate recovery is a legitimate mechanism to sustain Medicaid's long-term financial viability by recouping costs from estates after a beneficiary no longer needs the assets, and that repealing it removes hundreds of millions of dollars in state revenue with no replacement funding source identified. They contend this could pressure states to tighten eligibility or reduce benefits elsewhere to cover the shortfall, ultimately harming other Medicaid recipients.