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House Health Committee reports bill requiring nursing homes to notify residents about Medicaid legal help
Summary
House Bill 348 would require long-term care nursing facilities to provide a standard notice at admission about the option to obtain legal representation for Medicaid applications; the Department of Human Services must post the notice online in multiple languages or formats.
House Bill 348, sponsored by Representative Bonner, was reported as committed by the House Health Committee after members discussed the bill’s goal of informing long-term care residents and their representatives about legal assistance options for Medicaid applications.
Committee staff summarized that the bill "amends the Human Services Code to require long term care nursing facilities to provide a standard notice to each resident or their designated representatives at the time of their admission regarding the option of having legal representation to assist them with the application for Medicaid benefits." The summary added that the Department of Human Services must post the notice on its publicly accessible website in multiple languages or formats and that a facility may use the department’s form or its own if it meets the bill’s requirements.
Sponsor Representative Bonner said many families face severe financial pressure when a loved one needs long-term care. "70 percent of all adults over the age of 65 will spend some time in a nursing home," Bonner said, and he told members the average cost of skilled nursing care in the state now "amounts to $130,000." Bonner urged support for the measure, saying nursing-home staff are not permitted to give legal advice and that a required notice would alert families to options that can protect assets.
Representative Schusterman called the bill "a critical piece of legislation" and said it could reduce financial stress for caretakers. Chair Rapp and other members said the bill does not mandate seeking counsel but ensures families are informed at a stressful moment.
The transcript records examples offered by members about protections under Medicaid rules: a typical protection of roughly 70% of a home’s value, protection of half of marital assets for a spouse living at home, and preservation of retirement income such as IRAs, Social Security and pensions. Those examples were presented in committee discussion as general illustrations of existing Medicaid rules, not as changes enacted by this bill.
The committee recorded no negative votes and reported House Bill 348 as committed.
