Asset Recovery Program

Call to Action: The Asset Recovery Program

Stavros is sending a warning to all our consumers who are on Medicaid (MassHealth). MassHealth has a little-known program called the Asset Recovery Program that may cause the loss of your house upon your death.

Federal and state Medicaid law requires MassHealth to recover assets from the estates of certain MassHealth members after their death. This process is called “estate recovery.” The assets are used to reimburse (pay back) the state for the cost of care that MassHealth paid for the member. Starting at the age of 55  this program calculates the cost of care MassHealth (Medicaid) has paid keeping you living independently in the community. These costs include PCAs, durable medical equipment (wheelchairs) and medications. Depending on the amount of MassHealth money spent on you the Commonwealth may seek to recover that amount once you die--this includes money from bank accounts, and/or money from the sale of physical or personal property, such as a home or vehicle that was owned only by the member.

If you are a homeowner, and a consumer, you risk losing your home under this program. If the amount of money for your care paid by MassHealth is large enough the Commonwealth may claw-back “anything of value that is part of the member’s probate estate”. The Asset Recovery Program “may recover the total cost of care it paid for members”, which include your home.

If you’re looking to keep your home to pass on to your children or other loved ones, it’s imperative you write to the following legislators to ask them to move H1246 and S.749 out of the Joint Committee on Health Care on Health Care Financing favorably:

The House and Senate Chairs at John.Lawn@mahouse.gov and Cindy.Friedman@masenate.gov

Committee Director Committee Director at timothy.oneill@mahouse.gov.

The deadline is February 2, however, the sooner the better.

It’s also important to write your local representative and senator.

You can find your local representative or senator by looking at https://malegislature.gov/search/findmylegislator

 

The two bills are listed below

H.1246 An Act protecting the homes of seniors and disabled people on MassHealth - Christine P. Barber

https://malegislature.gov/Bills/192/H1246

S.749 An Act protecting the homes of seniors and disabled people on MassHealth - Joanne M. Comerford
https://malegislature.gov/Bills/192/S749

WRITTEN TESTIMONY: Written testimony may be submitted to the Joint Committee on Health Care Financing via E-mail to the House and Senate Chairs at John.Lawn@mahouse.gov and Cindy.Friedman@masenate.gov as well as the Committee Director Committee Director at timothy.oneill@mahouse.gov.

 

MassHealth Estate Recovery Reform Talking Points for Written Testimony

H.1246

An Act protecting the homes of seniors and disabled people on MassHealth

Christine P. Barber

 

S.749

An Act protecting the homes of seniors and disabled people on MassHealth

Joanne M. Comerford

 

Author -Joseph Tringali
Editor and Informational Advocate
Stavros Center for Independent Living




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