2008 Session

Budget Amendments - HB30 (Member Request)

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Chief Patron: Landes
Modify Medicaid Eligibility Related to Life Estate Resources (language only)

Item 306 #11h

Item 306 #11h

Health And Human Resources
Medical Assistance Services, Department of

Page 288, line 32, after "to", strike "count all life estates" and insert:
"exempt one life estate in home property that served as the individual's principal residence for a period of at least one year.  All other life estates, which are not otherwise exempt, may be counted".
Page 288, line 36, after "services.", strike "Life estates held in".
Page 288, strike lines 37 through 40.
Page 288, line 41, strike "care facility." and insert:
"This provision shall apply only to life estates created after the effective date of agency regulations implementing this provision."

(This amendment modifies language in the introduced budget which would count all life estates as a resource for Medicaid eligibility purposes, which was designed to end abusive practices taken by some to shelter significant wealth in order to establish Medicaid eligibility. The proposed changes above would allow individuals to have one life estate in the home that served as their principal residence for at least one year, thereby allowing the Commonwealth to target abusive practices, but not harm low-income individuals who have take reasonable steps to protect very limited family assets. The language also clarifies that only new life estates are subject to the change in policy.)