Elevating Voices of Communities Affected by Medicaid Estate Recovery
Medicaid estate recovery perpetuates inequities that disproportionately affect the poorest and most marginalized Americans, as well as formerly middle-class citizens impoverished by long-term care expenses, by forcing asset recovery — leading to housing loss and widening economic and social disparities.
Recognizing the need to address this harmful public policy, the Robert Wood Johnson Foundation (RWJF) is funding research geared toward educating lawmakers and policymakers. The research will analyze the impact of Medicaid estate recovery and explore the personal experiences of affected families and multi-generational communities.
To support this effort, RWJF has provided a grant to the National Academy of Elder Law Attorneys (NAELA) Foundation to educate federal lawmakers and policymakers on the harmful effects of the current system, using personal stories and data that demonstrate the impact of home forfeiture on families and communities.
What Is Medicaid Estate Recovery?
Under federal law, state Medicaid programs must seek to recover certain benefits paid to enrollees 55 or older, or those of any age who are permanently institutionalized, upon the enrollee’s death, even if the state would prefer not to seek such recovery.
Known as Medicaid estate recovery, states are required to seek recovery of payments from the deceased Medicaid recipient’s estate for nursing facility services, home and community-based services, and related hospital and prescription drug services. States have the option to recover payments for all other Medicaid services provided to these individuals, except Medicare cost- sharing paid on behalf of Medicaid enrollees, including Medicare Savings Program beneficiaries.
The “Elevating Voices” Initiative
The NAELA Foundation’s “Elevating Voices” initiative encompasses a combined qualitative and quantitative strategy to address Medicaid estate recovery. Qualitatively, the project focuses on storytelling as a powerful tool to convey the real-life impact of Medicaid estate recovery on affected individuals and families. To enrich its qualitative approach, the NAELA Foundation will also conduct a quantitative analysis by way of a collegiate data analytics case study competition. To collect targeted data analysis on impacted populations, competing teams of graduate students will perform a comprehensive review of existing data sources to compile evidence highlighting generational ramifications and societal implications stemming from the loss of a home through Medicaid estate recovery.
Following information collection, the NAELA Foundation and its teaming partner, Justice in Aging, will create educational tools to inform and engage federal lawmakers and policymakers on the harmful consequences of Medicaid estate recovery and foster a deeper understanding of systemic issues.
This 20-month initiative begins August 2024 and is projected to conclude April 2026.
Involving Elder Law Attorneys and Their Clients
To identify personal stories on the impact of Medicaid estate recovery, the NAELA Foundation will conduct extensive outreach to NAELA member attorneys and their clients. If you are a NAELA member and have a client (or estate) who lost their family home (or experienced other hardships) due to Medicaid estate recovery and who would like to share their experience, please fill out our
survey form.
Member client experiences will be captured in printed stories, videos, and leave-behind materials that elevate the voices of affected individuals and underscore a need for policy reform. Select member clients will be asked to meet with federal lawmakers and policymakers in person to put faces to the current problem.
PROJECT PARTNERS
Robert Wood Johnson Foundation
The Robert Wood Johnson Foundation is committed to improving health and health equity in the United States. In partnership with others, we are committed to taking bold leaps to transform health in our lifetime and paving the way together to a future where health is no longer a privilege but a right. To achieve that vision, we are deepening our focus on dismantling one of the biggest barriers to health in America, structural racism. For more information, visit
www.rwjf.org.
National Academy of Elder Law Attorneys (NAELA) Foundation
The
NAELA Foundation is dedicated to advancing legal services for older adults and people with disabilities through innovative research, impactful scholarship and education, and strategic support for litigation. It is an affiliated 501(c)(3) entity of the
National Academy of Elder Law Attorneys, the leading professional association for elder and special needs law.
Justice in Aging
Justice in Aging is a national organization that uses the power of law to fight senior poverty by securing access to affordable health care, economic security, and the courts for older adults with limited resources. We focus our efforts primarily on those who have been marginalized and excluded from justice such as women, people of color, LGBTQ individuals, and people with limited English proficiency. We have decades of experience with Medicaid and work to improve equitable access to high-quality, long-term care.
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