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LRB-5318/1
JPC:cjs
2021 - 2022 LEGISLATURE
December 9, 2021 - Introduced by Representatives Brostoff, Neubauer, Cabrera
and Stubbs, cosponsored by Senators Larson, Johnson, Roys and Carpenter.
Referred to Committee on Health.
AB774,1,3 1An Act to amend 49.496 (1) (cm) and 49.849 (1) (d) of the statutes; relating to:
2limitation of estate recovery for the cost of long-term Medical Assistance to only
3a recipient's probate estate.
Analysis by the Legislative Reference Bureau
Under current law, the Department of Health Services is required to seek
repayment for the cost of certain long-term care services paid for on behalf of
recipients of Medical Assistance. Recovery is currently made from the estates of
decedent recipients, from the estates of their surviving spouses, and from certain
other nonprobate property, subject to certain limitations. This bill limits the
property that DHS may seek repayment from to only property in the recipient's
probate estate that is required to be pursued under federal law. The Medical
Assistance program is a joint state and federal program that provides health services
to individuals who have limited financial resources.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB774,1 4Section 1. 49.496 (1) (cm) of the statutes is amended to read:
AB774,2,8
149.496 (1) (cm) “Property of a decedent" means all real and personal property
2to which the recipient held any legal title or in which the recipient had any legal
3interest immediately before death, to the extent of that title or interest, including
4assets transferred to a survivor, heir, or assignee through joint tenancy, tenancy in
5common, survivorship, life estate, revocable trust, or any other arrangement,
6excluding an irrevocable trust
and other assets in the recipient's probate estate that
7are required to be subject to a claim for recovery pursuant to 42 USC 1396p (b) (4)
8(A)
.
AB774,2 9Section 2. 49.849 (1) (d) of the statutes is amended to read:
AB774,2,1710 49.849 (1) (d) “Property of a decedent" means all real and personal property to
11which the recipient held any legal title or in which the recipient had any legal
12interest immediately before death, to the extent of that title or interest, including
13assets transferred to a survivor, heir, or assignee through joint tenancy, tenancy in
14common, survivorship, life estate, revocable trust, or any other arrangement,
15excluding an irrevocable trust
and other assets in the recipient's probate estate that
16are required to be subject to a claim for recovery pursuant to 42 USC 1396p (b) (4)
17(A)
.
AB774,2,1818 (End)
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