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2000 JOINT RESOLUTIONS
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J.R. 3
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individual who exhausts private long-term care policy benefits to protect an
equivalent value of assets and still satisfy Medicaid's financial eligibility
requirements; and
WHEREAS, Subsequent to the enactment of the Partnership Program
legislation, Congress added § 1917 to Title XIX of the Social Security Act, frustrating
the implementation of the Partnership Program by effectively removing the major
incentive for an individual to participate; and
WHEREAS, § 1917 of the Social Security Act allows a Partnership Program
participant who becomes Medicaid eligible to spend or otherwise dispose of protected
assets while alive; but requires the State following the death of the individual to seek
to recover from the individual's estate the amount spent by Medicaid on behalf of the
individual; and
WHEREAS, § 1917 mandates the application of a broader definition of "estate"
when pursuing Medicaid recoveries, under which definition the assets of an
individual who participates in the Partnership Program that might otherwise pass to
heirs or survivors outside of probate by operation of law would now be subject to
Medicaid recovery; and
WHEREAS, § 1917 undermines the State's ability to offer a viable long-term
care partnership program and needs to be amended to remove major disincentives for
Maryland residents to participate in the Partnership Program; and
WHEREAS, Chapter 442 of the Acts of 1996 put implementation of the
Partnership Program on hold unless § 1917 of the Title XIX of the Social Security Act
is amended to exempt from its estate recovery requirements those Medicaid
recipients who are granted a resource exclusion under the provisions of the
Partnership Program legislation; now, therefore, be it
RESOLVED BY THE GENERAL ASSEMBLY OF MARYLAND, That this
General Assembly hereby urges the U.S. Congress to amend Title XIX of the Social
Security Act to allow assets exempted under a long-term care partnership program to
be excluded from Medicaid estate recoveries; and be it further
RESOLVED, That a copy of this Resolution be forwarded by the Department of
Legislative Services to the Honorable Parris N. Glendening, Governor of Maryland;
the Honorable Thomas V. Mike Miller, Jr., President of the Senate of Maryland; and
the Honorable Casper R. Taylor, Jr., Speaker of the House of Delegates; and be it
further
RESOLVED, That a copy of this Resolution be forwarded by the Department of
Legislative Services to the Maryland Congressional Delegation: Senators Paul S.
Sarbanes and Barbara A. Mikulski, Senate Office Building, Washington, D.C. 20510;
and Representatives Wayne T. Gilchrest, Robert L. Ehrlich, Jr., Benjamin L. Cardin,
Albert R. Wynn, Steny Hamilton Hoyer, Roscoe G. Bartlett, Elijah E. Cummings, and
Constance A. Morella, House Office Building, Washington, D.C. 20515.
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signed May 18, 2000.
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- 3558 -
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