S*609 Session 111 (1995-1996)
S*0609(Rat #0114, Act #0071 of 1995) General Bill, By Leatherman, Lander,
Ryberg, Saleeby, J.V. Smith, H.S. Stilwell and Wilson
A Bill to amend Section 43-7-460, Code of Laws of South Carolina, 1976,
relating to the recovery from an estate for medical assistance paid under
Medicaid, so as to further specify services considered to be medical
assistance and to revise from whom recovery may be sought.
03/07/95 Senate Introduced and read first time SJ-7
03/07/95 Senate Referred to Committee on Medical Affairs SJ-7
04/18/95 Senate Committee report: Favorable with amendment
Medical Affairs SJ-31
04/19/95 Senate Amended SJ-126
04/19/95 Senate Read second time SJ-126
04/20/95 Senate Read third time and sent to House SJ-22
04/25/95 House Introduced and read first time HJ-12
04/25/95 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-12
05/18/95 House Committee report: Favorable Medical, Military,
Public and Municipal Affairs HJ-38
05/23/95 House Debate interrupted HJ-155
05/23/95 House Read second time HJ-160
05/24/95 House Read third time and enrolled HJ-9
06/06/95 Ratified R 114
06/12/95 Signed By Governor
06/12/95 Effective date 06/12/95 and applies retroactively
to July 1, 1994
08/09/95 Copies available
08/09/95 Act No. 71
(A71, R114, S609)
AN ACT TO AMEND SECTION 43-7-460, CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO THE RECOVERY FROM
AN ESTATE FOR MEDICAL ASSISTANCE PAID UNDER
MEDICAID, SO AS TO FURTHER SPECIFY SERVICES
CONSIDERED TO BE MEDICAL ASSISTANCE AND TO REVISE
FROM WHOM RECOVERY MAY BE SOUGHT.
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 "shall seek the adjustment or recovery of any
medical assistance correctly paid on behalf of an individual under the
State Medicaid plan" in the case of certain persons; and
Whereas, failure to adopt these changes would have meant that South
Carolina's Medicaid program no longer complied with the federal laws
governing Medicaid and the loss of federal Medicaid funding would be a
financial disaster since the federal government provides seventy-one
percent of the funds for the Medicaid program; and
Whereas, the General Assembly reluctantly complied with the federal
mandate, with particular concerns about applying the mandated estate
recovery provisions to payments for noninstitutional Medicaid services
since this might discourage older patients from seeking needed medical
care; and
Whereas, members of the United States Congress have introduced
legislation to grant states the option of exempting payments for
noninstitutional Medicaid services from the mandated estate recovery
provisions. Now, therefore,
Be it enacted by the General Assembly of the State of South
Carolina:
Medical assistance further defined
SECTION 1. Section 43-7-460(A)(2) of the 1976 Code, as added by Act
481 of 1994, is amended to read:
"(2) was fifty-five years of age or older when the individual
received medical assistance, but only for medical assistance consisting of
nursing facility services, home and community-based services, and
hospital and prescription drug services provided to individuals in nursing
facilities or receiving home and community-based services."
From whom medical assistance reimbursement may be
sought
SECTION 2. Section 43-7-460 of the 1976 Code, as added by Act 481
of 1994, is amended by adding at the end:
"(G) Notwithstanding subsection (A)(2) upon the enactment of
any amendments to federal law which grant states the option to exempt
home and community-based services or other noninstitutional Medicaid
services from the estate recovery provisions mandated by Section 13612
of the federal Omnibus Budget Reconciliation Act of 1993, the State
Health and Human Services Finance Commission shall seek recovery of
medical assistance paid under the Title XIX State Plan for Medical
Assistance from the estate of an individual who:
(1) at the time of death was an inpatient in a nursing facility,
intermediate care facility for the mentally retarded, or other medical
institution if the individual is required, as a condition of receiving
services in the facility under the state plan, to spend for costs of medical
care all but a minimal amount of the person's income required for
personal needs; or
(2) was fifty-five years of age or older when the individual received
medical assistance but only for medical assistance consisting of nursing
facility services."
Time effective
SECTION 3. This act takes effect upon approval by the Governor and
applies retroactively to July 1, 1994.
Approved the 12th day of June, 1995. |