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Bill > HJR35


VA HJR35

VA HJR35
Medicaid; DMAS to collect data and information on estate recovery, report.


summary

Introduced
01/13/2026
In Committee
01/13/2026
Crossed Over
Passed
Dead
03/14/2026

Introduced Session

2026 Regular Regular Session

Bill Summary

Department of Medical Assistance Services; collection of data and information on Medicaid estate recovery; report. Requests the Department of Medical Assistance Services (DMAS) to collect data and information on Medicaid estate recovery in the Commonwealth. DMAS is requested to collect data and information on (i) whether the Commonwealth adjusts or recovers for long-term services and supports and related services provided through Medicaid beyond the federally required minimum and, if so, what percentage of the overall amount recovered by the Commonwealth is for such services; (ii) whether additional assets beyond a Medicaid enrollee's probate estate are recovered by the Commonwealth and, if so, what percentage of the overall amount recovered by the Commonwealth is from assets beyond such enrollees' probate estates; (iii) whether homes of modest value are excluded from Medicaid estate recovery and, if so, how DMAS defines "home of modest value"; (iv) the cost-effectiveness threshold followed by DMAS for pursuing Medicaid estate recovery; and (v) the criteria used to evaluate undue hardship waiver applications. DMAS is requested to also collect race and demographic data for each of the most recent five years on (a) the total number of collections, (b) the number of undue hardship waiver applications submitted, and (c) the number of undue hardship waiver applications that were approved or otherwise successful. The bill requires DMAS to submit an executive summary and such data and information to the members of the House Committee on Health and Human Services and the Senate Committee on Rehabilitation and Social Services no later than the first day of the 2027 Regular Session of the General Assembly.

AI Summary

This resolution requests the Department of Medical Assistance Services (DMAS) to gather comprehensive data on how Virginia recovers costs from the estates of deceased Medicaid recipients, a program jointly funded by federal and state governments that provides medical assistance. Specifically, DMAS must report on whether Virginia recovers more than federally required for long-term care services, if it seizes assets beyond what's typically part of a deceased person's will (probate estate), how it defines and handles "homes of modest value" in recovery, its cost-effectiveness standards for pursuing recovery, and the criteria it uses for granting waivers when recovery would cause undue hardship. Additionally, DMAS is asked to collect demographic data, including race, on recovery efforts, hardship waiver applications, and their outcomes over the past five years, and to submit this information and an executive summary to legislative committees by the start of the 2027 General Assembly session.

Sponsors (1)

Last Action

Left in Rules (on 02/18/2026)

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