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2006 SESSION

062361760
SENATE JOINT RESOLUTION NO. 122
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the Senate Committee on Rules
on February 10, 2006)
(Patron Prior to Substitute--Senator Martin)
Requesting the Department of Medical Assistance Services to monitor changes in federal restrictions on sheltering assets to qualify for Medicaid long-term care services. Report.

WHEREAS, House Bill 2601 (2005) was introduced to allow the Department of Medical Assistance Services to seek a waiver of the Social Security Act under Section 1115 to create more restrictive asset transfer limits than those currently allowed under federal law or regulations; and

WHEREAS, the introduction of House Bill 2601 raised a variety of issues related to individuals disposing of assets to gain access to Medicaid long-term care services; and

WHEREAS, the Joint Legislative Audit and Review Commission completed a study over a decade ago entitled Medicaid Asset Transfers and Estate Recovery SD 10 (1993) that addressed the impact of Medicaid asset transfers in Virginia; and

WHEREAS, the federal Omnibus Budget Reconciliation Act of 1993 imposed additional restrictions on Medicaid asset transfers after the conclusion of the Joint Legislative Audit and Review Commission study; and

WHEREAS, the Joint Commission on Health Care, in response to Commission member requests, conducted a review of Medicaid asset transfer issues and found that other than anecdotal evidence, current data is not available on the extent of Medicaid asset transfer abuses in Virginia; and

WHEREAS, federal legislation has been proposed to reform Medicaid asset transfer rules; and

WHEREAS, states have primary responsibility for enforcement of Medicaid asset transfer limitations; and

WHEREAS, the Virginia Department of Medical Assistance Services is the state agency charged with the administration of Medicaid funds and determining eligibility; now, therefore, be it

RESOLVED by the Senate, the House of Delegates concurring, That the Department of Medical Assistance Services be requested to monitor changes in federal restrictions on sheltering assets to qualify for Medicaid long-term care services.

For the purpose of advising the General Assembly and the Governor, the Department of Medical Assistance Services shall monitor pending federal legislation concerning Medicaid asset transfers to (i) evaluate the potential impact of proposed changes in federal law and their correlation to Virginia law, (ii) ascertain reports and analyses prepared in connection with the proposed federal legislation, and (iii) recommend options available to limit the financial impact of sheltering assets for Medicaid qualification on the Commonwealth upon the passage of any such federal legislation.

Technical assistance shall be provided to the Department of Medical Assistance Services for this study by the Departments of Social Services, and Taxation. All agencies of the Commonwealth shall provide assistance to the Department of Medical Assistance Services for this study, upon request.

The Director of the Department of Medical Assistance Services shall submit to the Division of Legislative Automated Systems an executive summary and report of its progress in meeting the requests of this resolution no later than the first day of 2007 Regular Session of the General Assembly. The executive summary and report shall be submitted for publication as a report document as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports and shall be posted on the General Assembly's website.