End Mandatory Medicaid Estate Recovery

Stop Unfair Medicaid Recoveries

Currently Federal law requires state Medicaid programs to attempt to recover costs from the estates of now-deceased recipients, even if the state would prefer not to seek such recovery.

Medicaid programs must seek recovery for the costs of nursing home services, home and community-based services, and certain related services if the recipient was 55 years or older when the services were provided. States have the option to seek recovery for other services. The recovery is limited to the size of the deceased recipient’s estate.

No other public benefit program requires that correctly paid benefits be recouped from deceased recipients’ family members. The minimal revenue generated by estate recovery is outweighed by the burdens it places on low-income families. The burden falls inequitably on families whose loved ones experience heterogeneous illnesses, injuries, or chronic conditions that are unpredictable – such as brain injury.

Support Legislative Action

The Stop Unfair Medicaid Recoveries Act (H.R. 6698), introduced by Representative Jan Schakowsky (D-IL), would amend Title XIX of the Social Security Act to repeal the requirement that states establish a Medicaid Estate Recovery Program and limit the circumstances in which a state may place a lien on a Medicaid beneficiary’s property.

Original cosponsors are Reps. Doris Matsui (D-CA), Yvette Clarke (D-NY), Rosa DeLauro (D-CT), Debbie Dingell (D-MI), Mike Quigley (D-IL), Lucille Roybal-Allard (D-CA), Mark Pocan (D-WI), Mary Gay Scanlon (D-PA), Danny Davis (NP-IL), Jesús “Chuy” García (D-IL), and Ayanna Pressley (D-MA).

BIAA gratefully acknowledges the Centre for Neuro Skills and Avanir Pharmaceuticals for their support for legislative action.