Russ Feingold: “I am pleased to reintroduce legislation today to eliminate the current mandate on States to place liens on the homes and…”

“I am pleased to reintroduce legislation today to eliminate the current mandate on States to place liens on the homes and estates of older medicaid beneficiaries receiving home and community-based long-term care services, and to provide more than adequate funding for that change by establishing a certificate of need process to regulate the growth of federally funded nursing home beds. This legislation was made necessary by an interpretation being made by the Health Care Financing Administration [HCFA] of language included in the Omnibus Budget Reconciliation Act of 1993 [OBRA 93]. Specifically, language was included relating to States' recovering Medicaid payments from the estates of beneficiaries, for certain services to people over age 55. HCFA has interpreted OBRA 93 to mandate the recovery of, among other things, home and community-based long-term care services. Unless changed, States will have to implement the mandate. This legislation modifies the estate recovery provisions of OBRA 93 to clarify that States may pursue recovery of the cost of Medicaid home and community-based long-term care services from the estates of beneficiaries, but that States are not required to do so.”