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NebraskaLB641109th Legislature 1st and 2nd SessionslegislatureWALLET

Change provisions relating to medicaid estate recovery

Sponsored By: Eliot Bostar

Signed by Governor

Judiciary Committee

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 1 benefits, 1 costs, 1 mixed.

Who owes Medicaid back and when

The law makes recipients owe the state for Medicaid paid if they were 55 or older, or if they lived in a medical institution and the Department decided they could not return home. The recoverable amount is the total Medicaid paid for those periods, and no interest is charged. The state can collect only after the recipient dies and after a spouse dies, and not while a child under 21 or a child who is blind or totally and permanently disabled survives. A medical institution includes nursing homes, assisted living, intermediate care for people with developmental disabilities, and inpatient hospitals.

Home protections for family caregivers

The Department cannot foreclose on the home if a sibling with an equity stake lived there at least one year before admission and has stayed since. It also cannot foreclose while an adult child lived there for two years before institutionalization, still lives there, and shows they gave care that delayed admission. A doctor's written note is enough proof of that care.

Stronger collection and broader estate assets

The Department must use reasonable, cost‑effective steps to collect Medicaid debts from estates, and people named in the law must cooperate. Estate assets include property in a revocable trust that becomes irrevocable at death.

Sponsors & Cosponsors

Sponsor

  • Eliot Bostar

    legislature

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 236 • No: 0

legislature vote • 4/24/2026

Vote

Yes: 37 • No: 0 • Other: 12

legislature vote • 4/24/2026

Vote

Yes: 37 • No: 0 • Other: 12

legislature vote • 5/14/2025

Final Reading

Yes: 49 • No: 0

legislature vote • 5/1/2025

Vote

Yes: 39 • No: 0 • Other: 10

legislature vote • 5/1/2025

Vote

Yes: 37 • No: 0 • Other: 12

legislature vote • 5/1/2025

Vote

Yes: 37 • No: 0 • Other: 12

Actions Timeline

  1. Approved by Governor on May 20, 2025

    5/21/2025legislature

  2. Dispensing of reading at large approved

    5/14/2025legislature

  3. Passed on Final Reading 49-0-0

    5/14/2025legislature

  4. President/Speaker signed

    5/14/2025legislature

  5. Presented to Governor on May 14, 2025

    5/14/2025legislature

  6. Placed on Final Reading

    5/12/2025legislature

  7. Advanced to Enrollment and Review for Engrossment

    5/8/2025legislature

  8. Placed on Select File

    5/7/2025legislature

  9. Bostar AM672 to AM538 filed

    5/1/2025legislature

  10. Bostar AM672 adopted

    5/1/2025legislature

  11. Judiciary AM538 adopted

    5/1/2025legislature

  12. Advanced to Enrollment and Review Initial

    5/1/2025legislature

  13. Speaker priority bill

    3/17/2025legislature

  14. Placed on General File with AM538

    3/13/2025legislature

  15. Judiciary AM538 filed

    3/13/2025legislature

  16. Notice of hearing for March 06, 2025

    2/6/2025legislature

  17. Referred to Judiciary Committee

    1/24/2025legislature

  18. Date of introduction

    1/22/2025legislature

Bill Text

  • Introduced

    5/21/2025

    PDF

  • Enrolled / Slip Law

    PDF

  • Final / Enacted

    PDF

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