Bill > HB855

This bill directs the Department of Medical Assistance Services (DMAS) to limit its Medicaid estate recovery program to only recouping costs that are federally required, specifically referencing federal statutes 42 U.S.C. § 1396p(b)(1)(A) and 42 U.S.C. § 1396p(b)(1)(B)(i), which pertain to the recovery of Medicaid payments from the estates of deceased recipients. The bill clarifies that the amount recovered will not exceed the total Medicaid payments made for "recoverable services" on behalf of the recipient, and for managed care payments, the recovery is capped at the portion of the payment attributable to those services or the total payment, whichever is less. Furthermore, DMAS is empowered to waive recovery claims if enforcing them would cause substantial hardship to heirs or dependents of the deceased, and this waiver would be permanent. The bill also mandates that DMAS make information about estate recovery and hardship waivers easily accessible on its website in multiple languages, including English, Spanish, and the next four most common languages spoken in the Commonwealth, and requires DMAS to adopt emergency regulations to implement these changes, seeking necessary federal approvals.

Budget and Finance, Health and Social Services

https://lis.virginia.gov/bill-details/20261/HB855