South Carolina General Assembly
112th Session, 1997-1998

Bill 3799


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                       3799
Type of Legislation:               Concurrent Resolution CR
Introducing Body:                  House
Introduced Date:                   19970401
Primary Sponsor:                   Fleming
All Sponsors:                      Fleming, G. Brown, Seithel,
                                   Bailey, Sandifer, Neal, Canty,
                                   Robinson, Vaughn, Loftis, Clyburn,
                                   Delleney, McLeod and Bauer 
Drafted Document Number:           kgh\15031ac.97
Residing Body:                     House
Current Committee:                 Invitations and Memorial
                                   Resolutions Committee 24 HIMR
Subject:                           Medical assistance paid under
                                   Medicaid plan, recovery from certain
                                   estates; Health and Human Services
                                   Finance



History


Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________
House   19970401  Introduced, referred to Committee        24 HIMR

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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A CONCURRENT RESOLUTION

MEMORIALIZING CONGRESS TO REPEAL THE PROVISIONS OF TITLE XIX OF THE SOCIAL SECURITY ACT MANDATING STATES TO SEEK RECOVERY FROM THE ESTATES OF CERTAIN PERSONS ON WHOSE BEHALF MEDICAL ASSISTANCE WAS PAID UNDER THE STATE MEDICAID PLAN.

Whereas, Section 13612 of the federal Omnibus Budget Reconciliation Act of 1993 amended Title XIX of the Social Security Act so as to mandate that states "...seek the adjustment or recovery of any medical assistance correctly paid on behalf of an individual under the State Medicaid plan" of certain persons; and

Whereas, this federal mandate requires states to seek this recovery from the estates of deceased persons; and

Whereas, knowing that one may very well be reducing the inheritance of one's heirs by seeking medical care can greatly affect a person's decisions, especially an older person's decision, to obtain such care; and

Whereas, the federal Medicaid estate recovery requirement denies the citizens of this State and all states the freedom of choice in making decisions to obtain medical care; and

Whereas, the General Assembly of South Carolina strongly desires its citizens to have unfettered and unimpaired access to health care. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the General Assembly of South Carolina by this resolution memorializes Congress to repeal the provisions of Title XIX of the Social Security Act mandating states to seek the recovery from the estates of certain persons on whose behalf medical assistance was paid under the State Medicaid Fund.

Be it further resolved that a copy of this resolution be forwarded to each member of the South Carolina Congressional Delegation.

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