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An Act To Amend the Laws Governing Estate Recovery under the MaineCare Program
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 22 MRSA §14, sub-§2-I, ¶A, as amended by PL 2003, c. 20, Pt. K, §2, is further amended by amending subparagraph (2) to read:
 
A.  The department has a claim against the estate of a MaineCare recipient when, after the death of the recipient:
 
(1) Property or other assets are discovered that existed and were owned by the recipient during the period when MaineCare benefits were paid for the recipient and disclosure of the property or assets at the time benefits were being paid would have rendered the recipient ineligible to receive the benefits;
 
(2) It is determined that the recipient was 55 years of age or older when that person received MaineCare assistance and the MaineCare assistance received was for nursing facility services, home and community-based services or related hospital and prescription drug services. The amount of the department's claim under this subparagraph is limited to the amount of the MaineCare assistance provided for the services specified in this subparagraph as required by federal law; or
 
(3) It is determined that the recipient has received or is entitled to receive benefits under a long-term care insurance policy in connection with which assets or resources are disregarded and medical assistance was paid on behalf of the recipient for nursing facility or other long-term care services.
 
SUMMARY
Under current law, the Department of Health and Human Services has a claim against the estate of a MaineCare recipient when, after the death of the recipient, it is determined that the recipient was 55 years of age or older when the person received MaineCare assistance. This bill provides that the department has a claim against the estate only for MaineCare assistance received by the person that was for nursing facility services, home and community-based services or related hospital and prescription drug services.