MONTGOMERY — Federal rules allow state Medicaid programs to recover money spent on some enrollees after their deaths, including costs for recipients’ nursing home care and other medical care.

But Alabama Medicaid doesn’t always find out when a recipient or their spouse dies, and their assets, like their homes, are sold, state officials said.

Now, a new law will require specific notice to Medicaid at the commencement of a probate proceeding.

“I think it’s important that we do all we're allowed to do in the Medicaid program to make it as efficient as possible,” bill sponsor Sen. Arthur Orr, R-Decatur, said.

According to the agency, Medicaid’s estate recovery program recouped about $522,000 in fiscal year 2018. The agency will be able to recover $3 million to $5 million with these new measures, according to a fiscal note attached to the bill.

The bill requires that Medicaid receive notice when a probate estate is opened in Alabama, according to Commissioner Stephanie Azar's office. Prior to this bill, Medicaid did not receive all required notices.

States can’t recover money from the estate of a deceased Medicaid enrollee who has a surviving spouse, a child younger than age 21, or a child of any age with a disability.

“When Mr. Jones goes to the rest home and has little income, Mrs. Jones is still in the house,” Orr said. “We’re not going to kick anyone out.”

But later, when Mr. and Mrs. Jones are deceased, Orr said, their house may get sold.

“But Medicaid wasn’t getting notified and has no way to recoup its expenditures on Mr. Jones’s health care. If someone had a significant asset like a house, why should the government be responsible for paying all their medical care expenses?”

Medicaid is the state’s largest non-education expense and one that grows almost every year.

“On the cost of Medicaid, as far as the General Fund budget, one of the things we want to do is lessen the abuse of the system,” bill co-sponsor Sen. Gerald Allen, R-Tuscaloosa, said Thursday. “There were individuals and citizens who work the system, creating an abuse situation.”

Senate Bill 76 was approved in the Senate 30-to-0 and in the House 98-to-3.

“Anytime we can save Medicaid money, that helps the budgets and the greater need so that those who truly need the help can receive it," Orr said.

“We do not have endless resources.”


(1) comment

Drew Talley

So why doesn’t Medicare do the same thing. Why do insurance companies get off the hook after being paid for 35 years by employers only to be off the hook when most medical expenses come due. This law will just keep people poor over generations. Sad really.

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