In April, 2021, Justice in Aging, the Western Center on Law & Poverty, the National Academy of Elder law Attorneys (NAELA), the National Health Law Program, and the California Association for Nursing Home Reform submitted an issue brief to Congress calling for an end to Medicaid Estate Recovery. A NAELA Press Release dated April 16, 2021 states “[t]he brief also includes recommendations from the Medicaid and Chip Payment and Access Commission (MACPAC), a non-partisan legislative agency, to 1) make estate recovery optional for state Medicaid programs; 2) allow state managed care arrangements to pursue estate recovery based on cost of care instead of capitated payment amounts and; 3) set minimum standards for hardship waivers across states. NAELA had provided stakeholder input to the Medicaid and Chip Payment and Access Commission (MACPAC) through interviews with NAELA members and a sign-on letter prior to its recommendations.”
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