Section 1 Short title
This Act may be cited as the “Medicaid Estate Recovery Fairness Act of 2018”.
Medicaid Estate Recovery Fairness Act of 2018
A BILL
To amend title XIX of the Social Security Act to limit estate recovery under Medicaid with respect to newly eligible individuals, and for other purposes.
Sec. 2 Limitation on estate recovery under Medicaid with respect to newly eligible individuals
Section 1917(b) of the Social Security Act (42 U.S.C. 1396p(b)) is amended—
in paragraph (1), in the matter preceding subparagraph (A), by striking “No adjustment” and inserting “Subject to paragraph (6), no adjustment”; and
by adding at the end the following new paragraph:
“(6) Beginning on the date of the enactment of this paragraph, in the case of an individual who was enrolled under the State plan on the basis of being an individual described in subclause (VIII) of section 1902(a)(10)(A)(i) when the individual received medical assistance correctly paid on behalf of such individual under the State plan, the State may only seek adjustment or recovery from the individual’s estate for medical assistance consisting of services described in clause (i) of paragraph (1)(B).”