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

2 provisions identified: 1 benefits, 1 costs, 0 mixed.

Home protections for Medicaid family caregivers

The state cannot foreclose on a Medicaid lien against a home when a sibling with an ownership interest lived there at least 1 year before admission and still lives there. It also cannot foreclose when an adult child lived there at least 2 years before admission, still lives there, and provided care that delayed admission. A doctor’s written note is enough to show the care. If a deed kept a life estate and it was recorded at least 12 months earlier, that life estate is excluded when a relative lives solely and continuously with you and provided care that delayed admission. A doctor’s written note is enough for this too.

Medicaid estate recovery includes assisted living

The law treats assisted living as a medical institution for estate recovery. If you got Medicaid at age 55 or older, the state can recover those costs from your estate. It can also recover if you were in a facility and could not reasonably return home. Recovery happens only after you die and your spouse has died, and not while you have a child under 21 or who is blind or disabled.

Sponsors & Cosponsors

Sponsor

  • Eliot Bostar

    Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 236 • No: 0

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

legislature vote • Unknown

Vote

Yes: 37 • No: 0 • Other: 12

legislature vote • Unknown

Vote

Yes: 37 • No: 0 • Other: 12

Actions Timeline

  1. Approved by Governor on May 20, 2025

    5/20/2025legislature
  2. Presented to Governor on May 14, 2025

    5/14/2025legislature
  3. President/Speaker signed

    5/14/2025legislature
  4. Passed on Final Reading 49-0-0

    5/14/2025legislature
  5. Dispensing of reading at large approved

    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. Advanced to Enrollment and Review Initial

    5/1/2025legislature
  10. Judiciary AM538 adopted

    5/1/2025legislature
  11. Bostar AM672 adopted

    5/1/2025legislature
  12. Bostar AM672 to AM538 filed

    5/1/2025legislature
  13. Speaker priority bill

    3/17/2025legislature
  14. Judiciary AM538 filed

    3/13/2025legislature
  15. Placed on General File with AM538

    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

    1/22/2025

  • Enrolled / Slip Law

  • Final / Enacted

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