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123rd MAINE LEGISLATURE |
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LD 970 |
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LR 1061(02) |
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An Act To
Eliminate the Estate Recovery Delayed Claims Exemption |
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Fiscal Note for
Bill as Amended by Committee Amendment " " |
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Committee: Health and Human Services |
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Fiscal Note Required: Yes |
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Fiscal Note |
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Potential current biennium cost increase - General Fund
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Fiscal Detail
and Notes |
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The bill
eliminates the provisions of MaineCare estate recovery law that allow the
State to recover MaineCare expenses from deceased MaineCare recipients whose
estates have passed to their spouse or disabled child upon the death of that
spouse or child. While such recoveries
have yet to begin because the federal Centers for Medicare and Medicaid
Services (CMS) has informed the Department of Health and Human Services that
exemption provisions in the state's estate recovery law violate the federal
Deficit Reduction Act of 2005, repealing the state's ability to pursue these
"delayed estate recoveries" even after the provisions objectionable
to the CMS are repealed, could result in costs to the MaineCare program in
the form of reduced estate recoveries.
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