Amendment No. 278

Assembly Amendment to Assembly Bill No. 249 (BDR 38-449)

Proposed by: Committee on Health and Human Services

Amendment Box:

Resolves Conflicts with: N/A

Amends: Summary: Title: Preamble: Joint Sponsorship:

ASSEMBLY ACTION Initial and Date | SENATE ACTION Initial and Date

Adopted Lost | Adopted Lost

Concurred In Not | Concurred In Not

Receded Not | Receded Not

Amend section 1, page 1, line 3, by deleting "The" and inserting:

"Except as otherwise provided in this section, the".

Amend section 1, page 1, line 5, by deleting "recipient" and inserting:

"recipient, the undivided estate of a recipient of Medicaid".

Amend section 1, page 1, by deleting line 14 and inserting:

"2. Except as otherwise provided in this section, a recipient of incorrectly paid public assistance, the undivided estate of a recipient of Medicaid or a person who".

Amend section 1, page 1, after line 17, by inserting:

"3. The administrator or his designee may, to the extent that it is not prohibited by federal law, determine the amount of, and settle, adjust, compromise or deny a claim against a recipient of public assistance, the estate of the recipient, the undivided estate of a recipient of Medicaid or a person who signed the application for public assistance on behalf of the recipient.

4. The administrator may, to the extent that it is not prohibited by federal law, waive the repayment of public assistance incorrectly paid to a recipient if the incorrect payment was not the result of an intentional misrepresentation or omission by the recipient and if repayment would cause an undue hardship to the recipient. The administrator shall, by regulation, establish the terms and conditions of such a waiver, including, without limitation, the circumstances that constitute undue hardship.".

Amend sec. 2, page 2, line 2, after "all" by inserting:

"real and personal property and other".

Amend sec. 2, page 2, line 3, after "other" by inserting:

"real and personal property and other".

Amend sec. 2, page 2, line 4, by deleting:

"[at the time of] immediately before" and inserting:

"immediately before or at the time of".

Amend sec. 2, page 2, by deleting lines 6 and 7, and inserting:

"[passing by reason of joint tenancy, reserved life estate, survivorship or trust, and] conveyed to a survivor, heir or assign of the deceased recipient through joint tenancy, tenancy in common, survivorship, life estate, living trust or other arrangement, including, without limitation, any of the decedent’s separate property and his interest in".

Amend sec. 3, page 3, line 21, by deleting "money recovered" and inserting "recovery".

Amend sec. 3, page 3, line 22, before "estate" by inserting "undivided".

Amend sec. 3, page 3, line 24, by deleting the semicolon and inserting:

"after October 1, 1993;".

Amend sec. 3, page 3, line 25, before "estate," by inserting "undivided".