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HealthCare Checkup

The Seattle Times health-care team tracks the local impact of the Affordable Care Act.

December 18, 2013 at 7:15 PM

Rule to limit asset recovery for Medicaid enrollees coming by Dec. 31

The state’s Health Care Authority says it expects it will take until Dec. 31 to file an emergency rule to amend estate-recovery rules for Medicaid, the subject of a story in The Seattle Times this week.

The state issued notice Monday that it would amend the policy to avoid “unintended consequences” for people enrolling in Medicaid under the expansion made possible by the Affordable Care Act.

The rule will align state rules with longstanding federal policy, which requires states to place liens on property held by Medicaid clients age 55 and over to recover costs for long-term care and related medical services from their estates.

Washington expanded the law in 2004 to apply to all medical services for Medicaid clients. That would have included those who are signing up for health insurance under the Affordable Care Act. Many were upset about that and contacted lawmakers and state officials.

There is no requirement to have hearings or comments for an emergency rule,  Health Care Authority spokesman Jim Stevenson said, but it must be followed by a regular rule-making process with notice to interested parties, hearings/comments and adoption of a final rule.

Comments | Topics: asset recovery, emergency rule, Medicaid


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