Limits for Medical Assistance estate recovery may be updated

Under state and federal law, the Department of Human Services and local agencies are required to recover some Medical Assistance costs through the estates of deceased enrollees older than age 55.

Rep. Jason Rarick

With the Affordable Care Act, many more people financially qualified for the program and signed up, but were unaware of the provision and blindsided by the liens against them, which could be for tens of thousands of dollars, said Rep. Jason Rarick (R-Pine City).

A 2016 law aimed to help by limiting estate recovery to long-term services or supports received on or after Jan. 1, 2014. But it needs to be updated to go back further and ensure consistency, Rarick said.

Sponsored by Rarick and Sen. Scott Jensen (R-Chaska), HF629/SF216* would do this by only allowing Medical Assistance estate recovery for expenses obtained through long-term services and supports pending on or after July 1, 2016, and the estates of those who died on or after that date.

Passed 129-0 by the House Wednesday, it now goes the governor. The Senate passed the measure 64-0 May 5.