117 HR 6698 IH: Stop Unfair Medicaid Recoveries Act of 2022 U.S. House of Representatives 2022-02-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS2d SessionH. R. 6698IN THE HOUSE OF REPRESENTATIVESFebruary 9, 2022Ms. Schakowsky (for herself, Ms. Matsui, Ms. Clarke of New York, Ms. DeLauro, Mrs. Dingell, Mr. Quigley, Ms. Roybal-Allard, Mr. Pocan, Ms. Scanlon, Mr. Danny K. Davis of Illinois, Mr. García of Illinois, and Ms. Pressley) introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo amend title XIX of the Social Security Act to repeal the requirement that States establish a Medicaid Estate Recovery Program and to limit the circumstances in which a State may place a lien on a Medicaid beneficiary’s property.

1.

Short title

This Act may be cited as the Stop Unfair Medicaid Recoveries Act of 2022.

2.

Liens, adjustments, and recoveries for medical assistance

(a)

Liens

Section 1917(a) of the Social Security Act (42 U.S.C. 1396p(a)) is amended—(1)in paragraph (1)—(A)in the matter preceding subparagraph (A), by striking plan, except— and inserting plan, except, subject to paragraph (4),—; and(B)in subparagraph (B), by striking in the case of and inserting with respect to liens imposed before the date of the enactment of the Stop Unfair Medicaid Recoveries Act of 2022, in the case of; and(2)by adding at the end the following:(4)Notwithstanding any preceding provision of this subsection, not later than 90 days after the date of the enactment of this paragraph, a State shall withdraw any lien imposed under paragraph (1)(B) that is in effect as of such date..(b)

Adjustments and recoveries

Section 1917(b) of the Social Security Act (42 U.S.C. 1396p(b)) is amended—(1)in paragraph (1), by striking except that and inserting except that, subject to paragraph (6),; and(2)by adding at the end the following:(6)Notwithstanding any preceding provision of this subsection, no adjustment or recovery of any medical assistance correctly paid on behalf of an individual under the State plan may be initiated, maintained, or collected on or after the date of the enactment of this paragraph. Not later than 90 days after such date, a State shall withdraw any lien in effect as of such date with respect to such medical assistance correctly paid..