H 3799 Concurrent Resolution, By Fleming, Bailey, Bauer, G. Brown, Canty, 
Clyburn, Delleney, Loftis, W. McLeod, J.H. Neal, Robinson, Sandifer, Seithel and 
Vaughn
 A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO REPEAL THE PROVISIONS OF
 TITLE XIX OF THE SOCIAL SECURITY ACT MANDATING STATES TO SEEK RECOVERY FROM
 THE ESTATES OF CERTAIN PERSONS ON WHOSE BEHALF MEDICAL ASSISTANCE WAS PAID
 UNDER THE STATE MEDICAID PLAN.

   04/01/97  House  Introduced HJ-87
   04/01/97  House  Referred to Committee on Invitations and Memorial
                     Resolutions HJ-88

MEMORIALIZING CONGRESS TO REPEAL THE PROVISIONS OF TITLE XIX OF THE SOCIAL SECURITY ACT MANDATING STATES TO SEEK RECOVERY FROM THE ESTATES OF CERTAIN PERSONS ON WHOSE BEHALF MEDICAL ASSISTANCE WAS PAID UNDER THE STATE MEDICAID PLAN.

Whereas, Section 13612 of the federal Omnibus Budget Reconciliation Act of 1993 amended Title XIX of the Social Security Act so as to mandate that states "...seek the adjustment or recovery of any medical assistance correctly paid on behalf of an individual under the State Medicaid plan" of certain persons; and

Whereas, this federal mandate requires states to seek this recovery from the estates of deceased persons; and

Whereas, knowing that one may very well be reducing the inheritance of one's heirs by seeking medical care can greatly affect a person's decisions, especially an older person's decision, to obtain such care; and

Whereas, the federal Medicaid estate recovery requirement denies the citizens of this State and all states the freedom of choice in making decisions to obtain medical care; and

Whereas, the General Assembly of South Carolina strongly desires its citizens to have unfettered and unimpaired access to health care. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the General Assembly of South Carolina by this resolution memorializes Congress to repeal the provisions of Title XIX of the Social Security Act mandating states to seek the recovery from the estates of certain persons on whose behalf medical assistance was paid under the State Medicaid Fund.

Be it further resolved that a copy of this resolution be forwarded to each member of the South Carolina Congressional Delegation.