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2004 SESSION

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SB 266 Medical assistance services; includes long-term care partnership program.

Introduced by: John S. Edwards | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Long-term care partnership plan. Requires the Board of Medical Assistance Services to establish, consistent with federal law, a long-term care partnership program that will encourage the private purchase of long-term care insurance as the primary source of funding the participant's long-term care. The program must provide protection from estate recovery as authorized by federal law.

SUMMARY AS PASSED SENATE:

Long-term care partnership plan. Requires the Board of Medical Assistance Services to establish, when authorized by federal law, a long-term care partnership program that will encourage the purchase of private long-term care insurance as the primary source of funding the participant's long-term care. The program must provide protection from estate recovery in a manner similar to the law in effect prior to the enactment of the Omnibus Budget Reconciliation Act of 1993, i.e., 42 U.S.C. § 1396p(b)(1)(C) of the Social Security Act, as amended.

SUMMARY AS INTRODUCED:

Long-term care partnership plan. Requires the Board of Medical Assistance Services to establish, in the state plan for medical assistance services, a long-term care partnership plan, when authorized by federal law and regulation as such plans were allowed to be submitted by states for approval prior to May 14, 1993, under 42 U.S.C. § 1396p(b)(1)(C) of the Social Security Act, as amended. The long-term care partnership plan must encourage the purchase of private long-term care insurance as the primary source of funding long-term care for the participant; allow the disregard of participant assets equal to the benefits payable by the long-term care insurance policy; provide that the long-term care insurance policy will be the first payor and that, only after such insurance benefits are exhausted, medical assistance services will reimburse for the participant's long-term care services; and provide for appropriate and relevant coordination with the Bureau of Insurance within the State Corporation Commission concerning acceptable long-term care insurance policies for the plan, definitions, and necessary statutory revisions. A second enactment clause provides that the Bureau of Insurance within the State Corporation Commission must provide all necessary assistance to the Department and Board of Medical Assistance Services in the development of the long-term care partnership required by this act.