Bill > S4297

Introduced Session

This bill amends the law governing the State's Medicaid estate recovery program and limits the authority of the Division of Medical Assistance and Health Services (DMAHS) in the Department of Human Services to impose a lien and seek recovery from a Medicaid recipient's estate after death. This bill is designed to allow Medicaid recipients to preserve certain assets and savings for their heirs, while also meeting the minimum federal requirements for the State's Medicaid estate recovery program pursuant to the "Omnibus Budget Reconciliation Act of 1993," Pub.L.103-66. Currently, New Jersey's Medicaid estate recovery program pursues recovery of payments provided through the Medicaid program for all services received on or after the age of 55. This bill would restrict recovery to the federal required minimum for estate recovery. Specifically, under this bill, the DMAHS would be limited to pursuing recovery for costs associated with nursing facility services, home and community-based services, and hospital and prescription drug services provided concurrently with nursing facility or home and community-based services received on or after the age of 55. Finally, this bill would restrict the definition of "estate" to real and personal property and other assets included in the Medicaid recipient's estate as defined in N.J.S.3B:1-1. In doing so, recovery would be limited to all property and assets that pass from a decedent to his or her heirs under probate law. Currently, the New Jersey Medicaid estate recovery program utilizes an expanded definition of "estate" which enables DMAHS to also recover from some or all property that bypasses probate, such as life insurance, pension benefits, retirement accounts, and jointly owned real estate and accounts.

AI Summary

Committee Categories

Angela Mcknight (D)*,  Joe Vitale (D)*, 

Introduced in the Senate, Referred to Senate Health, Human Services and Senior Citizens Committee (on 03/24/2025)

Official Document