2007 Senate Bill 374 / Public Act 74

Establish Medicaid estate recovery program

Introduced in the Senate

March 27, 2007

Introduced by Sen. Michael Switalski (D-10)

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 Committee on Appropriations

April 4, 2007

Reported without amendment

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

Sept. 20, 2007

Substitute offered

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

Passed in the Senate 21 to 17 (details)

Received in the House

Sept. 20, 2007

Referred to the Committee on Appropriations

Sept. 26, 2007

Substitute offered by Rep. George Cushingberry (D-8)

The substitute passed by voice vote

Amendment offered by Rep. George Cushingberry (D-8)

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

Passed in the House 57 to 52 (details)

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.

Received in the Senate

Sept. 27, 2007

Passed in the Senate 25 to 13 (details)

Signed by Gov. Jennifer Granholm

Sept. 30, 2007