123rd MAINE LEGISLATURE
LD 970 LR 1061(01)
An Act To Eliminate the Estate Recovery Delayed Claims Exemption
Fiscal Note for Original Bill
Sponsor: Rep. Webster of Freeport
Committee: Health and Human Services
Fiscal Note Required: Yes
             
Fiscal Note
Potential current biennium savings - General Fund
Avoid potential current biennium revenue decrease - Federal Expenditures Fund
Fiscal Detail and Notes
The bill eliminates exemption provisions in MaineCare estate recovery law that the federal Centers for Medicare and Medicaid Services (CMS) has informed the Department of Health and Human Services are in violation of the Deficit Reduction Act of 2005.  Eliminating these provisions could allow the State to begin recovering from deceased MaineCare recipients whose estates have passed to their spouse or disabled child upon the death of that spouse or child.  Should the state begin such estate recoveries without this correction, they could be required to reimburse the CMS for all estate recoveries that were exempted under the state exemptions.