[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2462 Introduced in Senate (IS)]







105th CONGRESS
  2d Session
                                S. 2462

        Entitled the ``Lisa De Land Financial Protection Act''.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 11, 1998

  Mr. Baucus introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
        Entitled the ``Lisa De Land Financial Protection Act''.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Lisa De Land Financial Protection 
Act''.

SEC. 2. STATE OPTION TO EXEMPT CERTAIN TRUSTS FROM THE ESTATE RECOVERY 
              PROVISIONS OF THE MEDICAID PROGRAM.

    Section 1917(b)(1)(B) of the Social Security Act (42 U.S.C. 
1396p(b)(1)(B)) is amended--
            (1) by redesignating clauses (i) and (ii) as subclauses (I) 
        and (II), respectively;
            (2) by striking ``In'' and inserting ``(i) In''; and
            (3) by adding at the end the following:
            ``(ii) At the option of a State, clause (i) shall not apply 
        in the case of an individual who, at the time the individual 
        received medical assistance under the State plan--
                    ``(I) was disabled, mentally ill, or physically 
                handicapped, as determined by the State; and
                    ``(II) was the beneficiary of a trust established 
                under the law of the State where the individual resided 
                by the beneficiary, a parent, grandparent, legal 
                guardian, or at the direction of a court for the 
                purpose of providing or supplementing the cost of the 
                care and treatment for the individual (including the 
                cost of medical assistance provided under the State 
                plan),
        but only if State law provides that, upon the death of the 
        individual, not more than 90 percent of the value of the trust 
        may be conveyed to the heirs of the individual and that the 
        remainder shall be donated to a charitable trust approved by 
        the State.''.
                                 <all>