[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7573 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 7573
To amend title XIX of the Social Security Act to repeal the requirement
that States establish a Medicaid Estate Recovery Program and to limit
the circumstances in which a State may place a lien on a Medicaid
beneficiary's property.
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IN THE HOUSE OF REPRESENTATIVES
March 6, 2024
Ms. Schakowsky (for herself, Ms. Matsui, Ms. Clarke of New York, Mrs.
Dingell, Mr. Quigley, Mr. Pocan, Ms. Scanlon, Mr. Garcia of Illinois,
Ms. Pressley, Ms. Barragan, Mr. Grijalva, Mrs. Trahan, Mr. Cohen, and
Ms. Omar) introduced the following bill; which was referred to the
Committee on Energy and Commerce
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A BILL
To amend title XIX of the Social Security Act to repeal the requirement
that States establish a Medicaid Estate Recovery Program and to limit
the circumstances in which a State may place a lien on a Medicaid
beneficiary's property.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop Unfair Medicaid Recoveries
Act''.
SEC. 2. LIENS, ADJUSTMENTS, AND RECOVERIES FOR MEDICAL ASSISTANCE.
(a) Liens.--Section 1917(a) of the Social Security Act (42 U.S.C.
1396p(a)) is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by
striking ``plan, except--'' and inserting ``plan,
except, subject to paragraph (4)--''; and
(B) in subparagraph (B), by striking ``in the case
of'' and inserting ``with respect to liens imposed
before the date of the enactment of the Stop Unfair
Medicaid Recoveries Act, in the case of''; and
(2) by adding at the end the following:
``(4) Notwithstanding any preceding provision of this subsection,
not later than 90 days after the date of the enactment of this
paragraph, a State shall--
``(A) withdraw any lien imposed under paragraph (1)(B) that
is in effect as of such date; and
``(B) notify each individual (or legal representative of
such individual (or of such individual's estate)) subject to
such a lien so withdrawn of the withdrawal of such lien.''.
(b) Adjustments and Recoveries.--Section 1917(b) of the Social
Security Act (42 U.S.C. 1396p(b)) is amended--
(1) in paragraph (1), by striking ``except that'' and
inserting ``except that, subject to paragraph (6),''; and
(2) by adding at the end the following:
``(6) Notwithstanding any preceding provision of this subsection,
no adjustment or recovery of any medical assistance correctly paid on
behalf of an individual under the State plan may be initiated,
maintained, or collected on or after the date of the enactment of this
paragraph. Not later than 90 days after such date, a State shall--
``(A) withdraw any lien in effect as of such date with
respect to such medical assistance correctly paid; and
``(B) notify each individual (or legal representative of
such individual (or of such individual's estate)) subject to
such a lien so withdrawn of the withdrawal of such lien and the
prohibition on adjustment or recovery under this paragraph.''.
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