Governor Deval Patrick's Budget Recommendation - House 2 Fiscal Year 2011

Governor's Budget Recommendation FY 2011

Outside Section 21



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MassHealth - Recovery of Pharmacy Clawback Payments

SECTION 21.   (A) Subsection (b) of section 31 of chapter 118E of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking out the last paragraph and inserting in place thereof the following paragraph:-

Any recovery under subsections (a), (b), or (b 1/2) may be made only after the death of the surviving spouse, if any, and only at a time when that spouse has no surviving child who is under age twenty-one or is blind or permanently and totally disabled. The division shall waive recovery if such recovery would work an undue hardship, as defined by the division in its regulations. If insufficient estate assets are available to repay the full amount due, any amounts recovered shall first be applied to the amount due under subsection (b 1/2).

(B) Said section 31 of said chapter 118E, as so appearing, is hereby amended by inserting after said subsection (b) the following subsection:-

(b 1/2) This subsection shall apply to estates of individuals dying on or after July 1, 2010. An estate of an individual who was a "full benefit dual eligible", as defined under 42 U.S.C. section1396u-5, shall be responsible for repaying the state Medicaid program contributions the state made on or after July 1, 2010, to the secretary of the federal Department of Health and Human Services for the federal assumption of prescription costs for such dual eligible under 42 U.S.C. section1396u-5(c).

(C) The first paragraph of subsection (d) of said section 31 of said chapter 118E, as so appearing, is hereby amended by striking out the second sentence and inserting in place thereof the following 2 sentences:- If the individual at any time or after July 1, 2010, was a "full benefit dual eligible", as defined under 42 U.S.C. section 1396u-5, the amount due shall also include contributions the state Medicaid program made on or after July 1, 2010, to the secretary of the federal Department of Health and Human Services for the federal assumption of prescription costs for such dual eligible under 42 U.S.C. section 1396u-5(c). If insufficient assets exist from the proceeds from the sale to repay both the amount of assistance provided and payments for the federal assumption of prescription costs, any amounts recovered shall first be applied to payments for the federal assumption of prescription costs.
 
 

Summary:
This section authorizes MassHealth to recover pharmacy payments from estates, in addition to its current authority to recover MassHealth payments.



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