Bill Text: HI HB1836 | 2014 | Regular Session | Introduced

Hawaii House Bill 1836 (Prior Session Legislation)

Introduced

Bill Title: Medical Assistance; Medicaid; Estate Recovery of Assets; Long-Term Care Costs

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-02-06 - The committee(s) on HUS recommend(s) that the measure be deferred. [HB1836 Detail]

Download: Hawaii-2014-HB1836-Introduced.html

HOUSE OF REPRESENTATIVES	H.B. NO.	1836
TWENTY-SEVENTH LEGISLATURE, 2014
STATE OF HAWAII

A BILL FOR AN ACT

relating to medical assistance.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 346-37, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) If a recipient under this chapter dies leaving an estate and does not have a surviving spouse, child, father, mother, grandfather, grandmother, grandchild, stepfather, stepmother, or any designated heir, the department shall have a valid claim against the estate for the amount of social services overpayments, financial assistance overpayments, or burial payments granted.

The department shall file a claim against the estate of a deceased recipient of medical assistance for the amount of medical assistance granted[,] only if [the recipient was age fifty-five or over when such medical assistance was received and there is no surviving spouse, or surviving child who is under twenty-one years of age, or blind, or disabled. The department shall file a claim against the estate of a recipient of medical assistance who was]:

(1) The amount of the claim is entirely for long-term care services, including those services received as an inpatient in a nursing facility, intermediate care facility for individuals with intellectual disabilities, or other medical institution [~~only if there~~]; and

(2) There is no surviving spouse or surviving child who is under twenty-one years of age, or blind, or disabled."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

Report Title:

Medical Assistance; Medicaid; Estate Recovery of Assets; Long-Term Care Costs

Description:

Limits DHS claims for the recovery of medical assistance payments from the estates of deceased recipients to payments made for long-term care services.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.