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Nebraska bill would shield family caregivers from Medicaid estate recovery in some cases
Summary
Sen. Eliot Bostar introduced LB 641 to carve out protections for relatives who move in to care for a loved one, allowing physician certification and adding assisted living to the list of institutional care for Medicaid estate recovery purposes. Proponents urged the committee to advance the bill; DHHS worked with the sponsor on an amendment.
Senator Eliot Bostar, representing District 29, urged the Judiciary Committee on behalf of LB 641 to “protect the financial interests of caregivers who share the residence of a family member in need of care” while preserving rules that prevent improper avoidance of medical expense recovery.
The measure would expand an exemption from Nebraska Medicaid estate recovery for relatives who live full time with a Medicaid recipient and who can document — including by a physician’s written attestation — that their caregiving delayed the recipient’s need for institutional care. The bill also adds assisted living facilities to the statutory list of facilities that, if entry is delayed because of…
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