State lawmakers push to limit MassHealth's ability to recoup funds after members die

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'We are one of the most aggressive states in our [estate] recovery, traditionally. That changed a bit during the pandemic, but we still are among the states that recover the most on top of what the federal government asks us to recover.'

MassHealth is the state's Medicaid program. It provides health coverage mainly to people with low incomes.it paid out for their health care. It does that by filing claims against members' estates that end up in probate court.

Federal Medicaid law requires that states try to recover costs related to long-term care members received after they turned 55. But the federal government allows states to go further than that. MassHealth attempts to recover all costs enrollees incurred after they turned 55 — for everything from routine doctor visits to specialty care, hospital stays and medical equipment.We are one of the most aggressive states in our [estate] recovery, traditionally," said state Sen.

Comerford sponsored legislation this year to restrict how MassHealth recovers money from the estates of patients who die. The proposed law would require that Massachusetts only do the estate recovery required by federal statute. The measure got bogged down in the legislative process. So, late in the session, Comerford and colleagues attached an estate recovery reform amendment to the comprehensive economic development and tax relief bill lawmakers were considering.

She explained that she got into the estate recovery issue because she heard from a constituent whose sister, a MassHealth member, had died abruptly and left behind a disabled son.She had saved her whole life to buy a very small home," Comerford said."And wouldn't you know it — shortly after her death, [the family] received a note that they were going to have to provoke the sale of the home where this young man was living. ...

 

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Thank you WBUR for covering this. It's shameful that MA goes much further than federally required - cruel to intergenerational families living together and caring for their own elderly who have to sell the family home to pay back the 'loan' to MassHealth once the elder passes.

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