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2020 SESSION

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HB 887 ABLE savings trust agreement; Medicaid clawback prohibition.

Introduced by: Eileen Filler-Corn | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

ABLE savings trust agreement; Medicaid clawback prohibition. Provides that the beneficiary of an ABLE savings trust account may appoint a survivor. In the event of the beneficiary's death, the survivor becomes the new beneficiary of the account if he is eligible under federal law to be a beneficiary of an ABLE savings trust account. The bill provides that if the survivor is ineligible, then any proceeds remaining in the account are distributed to the survivor and the account is closed. Under current law, if the beneficiary of an ABLE savings trust account dies, his state of residence becomes a creditor of the account and may seek payment under federal law for Medicaid benefits provided to the beneficiary while he was alive. The bill prohibits the Commonwealth from seeking estate recovery or payment from the proceeds of the deceased beneficiary's account for benefits provided to him.


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