[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6549 Introduced in House (IH)]

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115th CONGRESS
  2d Session
                                H. R. 6549

To amend title XIX of the Social Security Act to limit estate recovery 
  under Medicaid with respect to newly eligible individuals, and for 
                            other purposes.


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                    IN THE HOUSE OF REPRESENTATIVES

                             July 26, 2018

  Mr. Nolan introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
To amend title XIX of the Social Security Act to limit estate recovery 
  under Medicaid with respect to newly eligible individuals, and for 
                            other purposes.

    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 ``Medicaid Estate Recovery Fairness 
Act of 2018''.

SEC. 2. LIMITATION ON ESTATE RECOVERY UNDER MEDICAID WITH RESPECT TO 
              NEWLY ELIGIBLE INDIVIDUALS.

    Section 1917(b) of the Social Security Act (42 U.S.C. 1396p(b)) is 
amended--
            (1) in paragraph (1), in the matter preceding subparagraph 
        (A), by striking ``No adjustment'' and inserting ``Subject to 
        paragraph (6), no adjustment''; and
            (2) by adding at the end the following new paragraph:
    ``(6) Beginning on the date of the enactment of this paragraph, in 
the case of an individual who was enrolled under the State plan on the 
basis of being an individual described in subclause (VIII) of section 
1902(a)(10)(A)(i) when the individual received medical assistance 
correctly paid on behalf of such individual under the State plan, the 
State may only seek adjustment or recovery from the individual's estate 
for medical assistance consisting of services described in clause (i) 
of paragraph (1)(B).''.
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