Bill > LB641

This bill modifies the Medicaid estate recovery provisions in Nebraska by expanding the conditions under which the state can recover medical assistance costs after a recipient's death. The bill adds assisted living facilities to the definition of medical institutions where estate recovery can occur and introduces new protections for family members who provide care that delays a recipient's institutionalization. Specifically, the bill allows for avoiding foreclosure on a recipient's home if a sibling or adult child has continuously resided in the home and provided care, with a physician's written attestation serving as sufficient documentation. The bill also extends the exemption for life estate interests in real estate from 60 to 12 months if a relative lives with the recipient and can demonstrate they provided care that delayed institutionalization. Additionally, the bill clarifies that care provided can be either reimbursed or unreimbursed, and maintains the overall intent of recovering medical assistance costs from a recipient's estate while providing some protections for family members who have supported the recipient. The changes aim to balance the state's need to recover medical assistance expenses with compassionate considerations for family caregivers.

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https://nebraskalegislature.gov/bills/view_bill.php?DocumentID=58735