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2007 Senate Bill 374: Establish Medicaid estate recovery program

Public Act 74 of 2007

  1. Introduced by Sen. Michael Switalski (D) on March 27, 2007, to require the Department of Community Health to promulgate rules to create a Medicaid estate recovery program, in which the cost of services provided to Medicaid recipients (most often nursing home or long-term care services) may be recovered from the person’s estate after death. The rules must include provisions waiving recovery based on undue hardship, for the attachment and enforcement of liens, and for waiving recovery based on cost-effectiveness. Since Medicaid is for people with few assets, estate recovery programs allow the state to seek reimbursement from a person's estate. The federal government requires states to have Medicaid estate recovery programs.
    • Referred to the Senate Appropriations Committee on March 27, 2007.
      • Reported in the Senate on April 4, 2007, with the recommendation that the substitute (S-1) be adopted and that the bill then pass.
    • Substitute offered in the Senate on September 20, 2007, to replace the previous version of the bill with one that revises details but does not change the substance of the bill as previously described. The substitute passed by voice vote in the Senate on September 20, 2007.
  2. Passed 21 to 17 in the Senate on September 20, 2007.
    Who Voted "Yes" and Who Voted "No"

  3. Received in the House on September 20, 2007.
    • Referred to the House Appropriations Committee on September 20, 2007.
    • Substitute offered by Rep. George Cushingberry (D) on September 26, 2007, to replace the previous version of the bill with one that revises details but does not change the substance of the bill as previously described. The substitute passed by voice vote in the House on September 26, 2007.
    • Amendment offered by Rep. George Cushingberry (D) on September 26, 2007, to narrow the assets that could be claimed by an estate recovery action. Assets not included in the probate procedure would be exempt from recovery. The amendment passed by voice vote in the House on September 26, 2007.
  4. Passed 57 to 52 in the House on September 26, 2007, to require the Department of Community Health to promulgate rules to create a Medicaid estate recovery program, in which the cost of services provided to Medicaid recipients (most often nursing home or long-term care services) may be recovered from the person’s estate after death. The rules must include provisions waiving recovery based on undue hardship, for the attachment and enforcement of liens, and for waiving recovery based on cost-effectiveness. Since Medicaid is for people with few assets, estate recovery programs allow the state to seek reimbursement from a person's estate. The federal government requires states to have Medicaid estate recovery programs.
    Who Voted "Yes" and Who Voted "No"

  5. Received in the Senate on September 27, 2007. Passed 25 to 13 in the Senate on September 27, 2007.
    Who Voted "Yes" and Who Voted "No"

  6. Signed by Gov. Jennifer Granholm on September 30, 2007.

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