Bill > S583

This bill aims to strengthen fiduciary responsibility concerning long-term care facility costs, particularly for individuals receiving Medicaid, a government health insurance program for low-income individuals. It introduces provisions that hold individuals who receive assets from a resident of a long-term care facility liable for the facility's costs of care if that asset transfer results in the resident being disqualified from Medicaid benefits. This disqualification period is defined by federal law (42 U.S.C. 1396p). The bill also establishes that fiduciaries, such as attorneys-in-fact or guardians who manage a resident's income or bank accounts, can be held liable for unpaid patient liability amounts (the portion of a resident's income they must contribute to their care) if they receive written notice from the Department of Health and Human Services about this amount and continue to receive the resident's income without paying it. Importantly, the bill allows for affirmative defenses if the asset transfer was not considered a disqualifying transfer under federal law, and it clarifies that a facility must provide advance written notice before filing a lawsuit. The bill also states that legal actions can proceed even if a Medicaid application is pending and that the death of a resident does not negate the liability of those responsible for their care costs.