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ME LD169

ME LD169
Resolve, Establishing the Commission to Study MaineCare Estate Recovery


summary

Introduced
01/14/2025
In Committee
01/14/2025
Crossed Over
05/13/2025
Passed
05/14/2025
Dead

Introduced Session

Potential new amendment
132nd Legislature

Bill Summary

This bill requires the Department of Health and Human Services to return the state portion of estate recovery under the MaineCare program to the estate. This requirement does not impact the portion that is required to be paid to the Federal Government for estate recovery for Medicaid. The bill requires the department to amend its rules in Chapter 332: MaineCare Eligibility Manual, Part 15, Transfer of Assets, to change the standard for transfer of assets from "clear and convincing evidence" to a "preponderance of evidence." The rule is a major substantive rule. The bill also requires the department to develop educational materials to assist individuals with accessing programs that allow family members or legal guardians to be reimbursed for providing personal care services to a family member who is eligible to receive home and community-based services under the MaineCare program or a state-funded program. It also requires the department to develop educational materials to assist individuals with long-term care planning, estate planning and asset transferring and sheltering.

AI Summary

This bill makes several key changes to Maine's long-term care and estate recovery programs. First, starting January 1, 2026, the state will refund the state portion of estate recovery claims to the deceased recipient's estate after subtracting collection costs and federal payments. The bill also changes the legal standard for proving asset transfers in MaineCare (Maine's Medicaid) eligibility from "clear and convincing evidence" to a "preponderance of evidence," which makes it easier to prove the intent behind asset transfers. Additionally, the Department of Health and Human Services must develop and distribute educational materials to help MaineCare members and their families understand estate recovery requirements, long-term care planning, and asset transfer rules. The department must also create a brochure explaining how family members or legal guardians can be reimbursed for providing personal care services to eligible family members, including information on application processes, self-direction services, and potential implications for estate recovery. These changes aim to provide more transparency and support for individuals navigating long-term care and Medicaid eligibility.

Committee Categories

Health and Social Services

Sponsors (3)

Last Action

CARRIED OVER, in the same posture, to any special or regular session of the 132nd Legislature, pursuant to Joint Order SP 800. (on 06/25/2025)

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