Bill Text: NJ S628 | 2010-2011 | Regular Session | Introduced
Bill Title: Provides for asset disregard for Medicaid recipients under long-term care insurance partnership.
Spectrum: Bipartisan Bill
Status: (Failed) 2010-02-01 - Withdrawn from Consideration [S628 Detail]
Download: New_Jersey-2010-S628-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Senator ROBERT M. GORDON
District 38 (Bergen)
Senator THOMAS H. KEAN, JR.
District 21 (Essex, Morris, Somerset and Union)
SYNOPSIS
Provides for asset disregard for Medicaid recipients under long-term care insurance partnership.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning asset protection for certain Medicaid recipients and amending P.L.1981, c.217.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1981, c.217 (C.30:4D-7.2a) is amended to read as follows:
1. No encumbrance or recovery shall be imposed against or sought from the estate of a deceased recipient for assistance correctly paid under:
a. The "New Jersey Medical Assistance and Health Services Act," P.L.1968, c.413 (C.30:4D-1 et seq.), [if] under any of the following circumstances: (1) the amount sought to be recovered is less than $500, the gross estate is less than $3,000 or there is a surviving spouse or a surviving child who is under the age of 21 or is blind or permanently and totally disabled, except for assistance incorrectly or illegally paid, or for third party liability recovery sought under P.L.1968, c.413 (C.30:4D-1 et seq.); [or] (2)[,] in the case of a recipient who became deceased on or after the effective date of P.L.1995, c.289, if there is a surviving spouse or a surviving child who is under the age of 21 or is blind or permanently and totally disabled, except for assistance incorrectly or illegally paid, or for third party liability recovery sought under P.L.1968, c.413 (C.30:4D-1 et seq.); or (3) in the case of a recipient who has been afforded asset protection under a long-term care insurance partnership in accordance with the provisions of the federal "Deficit Reduction Act of 2005," Pub.L.109-171, up to the amount of assets disregarded at the time of eligibility determination; or
b. The "Pharmaceutical Assistance to the Aged and Disabled" program, P.L.1975, c.194 (C.30:4D-20 et seq.), except for assistance incorrectly or illegally paid, or for third party liability recovery sought under P.L.1968, c.413 (C.30:4D-1 et seq.).
(cf: P.L.1995, c.289, s.2)
2. This act shall take effect immediately.
STATEMENT
This bill is intended to respond to the provisions of the federal "Deficit Reduction Act of 2005," Pub.L.109-171, which permits states to establish long-term care partnership programs that combine private long-term care insurance with special Medicaid eligibility standards and provide for some degree of asset protection.
Specifically, the bill amends section 1 of P.L.1981, c.217 (C.30:4D-7.2a), which sets forth those circumstances under which asset recovery is not to be sought from the estate of a deceased Medicaid recipient. This bill adds to those circumstances the case of a recipient who has been afforded asset protection under a long-term care insurance partnership in accordance with the provisions of the federal "Deficit Reduction Act of 2005," up to the amount of assets disregarded at the time of eligibility determination.
The bill takes effect immediately.
