Michigan Votes Forum

Introduced in the Senate 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

The vote was 21 in favor, 17 opposed and 0 not voting

(Senate Roll Call 336 at Senate Journal 90)

Click here to view bill details.

Some dentures have gold in them...and perhaps some tatoo ink could be recovered and sold to Xerox Corporation. Keep digging...

This bill is a travesty- they are yanking the rug out of vulnerable senior citizens after the death of a spouse who as suffered a horrific illness. I'm stunned by the heartlessness of state Democrats- they have no problem throwing surviving spouses out of their homes, but yet propose giving IPOD's to students. One can only hope that clearer heads will prevail, and this legislation will not be passed, since it will undoubtedly destroy many, many lives.

If this does pass into law there will be a big change in my lifestyle as I get older. I'll be sure to spend everything that I get so that there will be nothing left for the government to take. Why should we work hard all our lives to try to save something to pass on to our children just to have the government take it away. If my spouse lives longer than I do they will have to live on welfare because I will try to make sure we spend our income as fast as we get it so the government doesn't take it all away. Why should I worry about the future and saving for the future. Those that don't worry about saving for the future get a free stay in the nursing home while I scrimped and saved all my life just to have the government take it all away from my survivors. Let the party begin now.

I guess the senate wants to be the one to take granny's house. at $80k a year for nursing homes, I guess the middle class should not be counting on any money from mom and dad. This while there is NO estate tax in Michigan currently. Bottom line, if you are rich you get cash tax free, if you are middle class the government gets your inheritance,

BILL 374 aka the GRAVEROBBER legislation. So few could ever afford the cost of medical care, for most folks home ownership in their senior years is the only source of wealth. Since Washington sees it proper to export our manufacturing and technology jobs while rewarding corporations with tax incentives to leave the country I expect more individuals will need the equity they have in their homes. The returns on confiscating the deceased people’s real estate will only account for around 1% of the budget and inflict hardship for most families.

If this passes into law, Michigan's middle class would be wise to relocate and plan a future elsewhere. Having never used Medicaid I would like to think this would not affect me, however I'm not so sure of my future that I'm willing to gamble everything I've worked for just to live in the state of Michigan....it ain't that great here.

What about the property taxes, ins.and other expenses heirs are paying. If this passes we will not be reimbursed, I Checked. I guess we just let the house fall apart and go to the city.I feel as many others do, that present patients should be exempt. Or maybe present patient heirs could pay say 10% of the fair market value which is more then the recovery rate so we are not losing financially and leaving us in limbo mentally.

Well,gee then why are working people dishing out paycheck money for Social Security. Oh thats rights they have screw'd that up too. So when you get old and sick,pitch a tent,sell your house,or give your money to ya kids, or blow it on a last vacation. In Iowa they have go on title 19 so many seniors know they are headed to nursing home, sell all, thena trusted relative or your child,help you with whatyou may need while in nursing care ,homecare. but i like the idea of last vacation better. also there,s a law just passed about inherits hb5602 2006,that is in namechangeclause?that gives ?immunity? to judges,officerofcourts,so if they doNot follow the law,ohWell,and also it gives inheritence rights to Adoptees if birthparents death,they can declare clan rights. hey, if a grandparent dies, adoptee can get money, then,damm sure a grandparent better get visitation rights to that adoptee,if child was adopted by a other relative grandparents.oh thats right,the legislature screw that up to, 727 did Not include Adoption by a stepparent OR GRANDPARENT does not terminate a grandparenting time order. they forgot to add simple very important words or grandparents they were too busy tryn t vote on gold toilet pot so they can put bs in. the good laws like hb767 @ 4104 was there,would not hurt ParentRights but then to many opinions put a end to good,well ya know what they say about opinion are like. to many cooks in kitchen spoil the pot. Ask legislature to do good they srew it up worse.

Senator Clarke, under his constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No.374. Senator Clarke's statement is as follows: I oppose Senate Bill No.374, which was introduced to implement the Michigan estate recovery program. Such a program would allow the state to recover homes and family farms and other assets from the estates of people over the age of 55, who, through illness, were forced to enroll in Medicaid for long-term care or home-based community care. Many of Michigan's seniors have worked their entire lives with the goal of leaving their home or farm to their families. This estate recovery program would put those wishes in jeopardy. I think, furthermore, with the high rates of foreclosure that are going on right now that many of the children of a deceased Medicaid recipient may depend on living in their parent's home. We want to make sure that home is available. Now we, under federal law, must implement an estate recovery program, but I would say that this version should be changed in the House for two reasons. No.1, this bill allows the state to impose a lien on the Medicaid recipient's property even while the recipient is alive. Let's say that that Medicaid recipient, who is a homeowner, wants to refinance their home because they need additional money. They're not going to be able to do that that easily with that state lien attached to it. Furthermore, I know that it's the Senate's intent that the state only recovers against the probate assets--the probate estate. Unfortunately, the way this bill is drafted, the state could recover against nonprobate estates. Here's what that means: That means the state may be able to go after someone's life insurance beneficiaries, go to recover money from a trust, or go and take money out of a jointly-held bank account. All of those are outside of the probate estate, but yet, the way the bill is drafted, the state could arguably go after those assets to pay off a Medicaid debt. Once a person is eligible for Medicaid, they virtually spend all of their assets but $2,000. They've paid almost everything they could pay. I'm saying let's not go against the money they have set aside for their life insurance beneficiaries or a home that they want to leave to their kids which may be the only home available for those children to live in. Based on these reasons, I would urge the House to modify Senate Bill No.374 so that it reflects the clear intents of the authors of this legislation.

Unfortunately, Michigan was the last state to adopt such legislation. You would have to leave the country to escape it.

first off people that piss there money away usually have a very low quaility of life. thats not worth trying to get out of paying YOUR nursing home bill. if you own your home outright and it burns down to the ground what happens? thats right you have insurance to replace it. if you go to the nursing home you should have long term care insurance for that. if you were to cheap to spend the $ that you DO have for it .... its YOUR fault you lost your home not michigans.

Homes estates all ready payed for,we have a will, if we die before we get retired,but taxes are ther with ther hands out,to hog every red cent. Social Security checks are used by nursinghome? So Why tax greeds to persons estate,if the state gov.needs money,hey lower their legislator paychecks,wonder why our schools are down falling,no money,cause our city and state members get payraises. Personally we are selling everything or given it allto our children,before we kick the bucket list. Nursing homes or can have my security Check after all,we worked hard for that too.

what are you going to recover from the people that always rented and used all their money for such things as boats, moterhomes,lottery tickets,vacations,entertainment,gambling and all other things to use up their money? are you going to take their apartment from the land lord or any other place they were renting ? it seems like a person is better off not saving any money and just spend it all..

SOCIAL SECURITY CHECKS ARE GIVEN EACH MONTH. You are Right Nursing Homes Get Payed,those checks should be enough,-for Food,bed,toilet. StateTaxes,Federal,Propertytax,insurance,children, WOW now their is NO MONEY left even if I did die. Wonder if life prisoners get all their estate and assets to state to pay for their needs?. OH thats rights STATE TAXES FOR FOR IT, and WHO PAYS TAXES working people,SENIORs.SO WHY do we work,to die? THE DEAD money PAYING FOR THE DIEING. Well, you can have my 2cents left after I die. Teachers have to have school party to pay for pencils,treats,children go hungry in world,but yet school board needs another assistant to the first assistant to help assistants.