Medicaid Clawback Removal Language

UPDATE

Here’s the information to send a letter of support for SB 218

California Achieving a Better Life Experience (ABLE) Act Board for People with Disabilities 


Request for Letters of Support for SB 218

 

Good morning everyone,

 

Senator Bill Dodd has introduced Senate Bill 218, which will prohibit Medi-Cal recovery of CalABLE accounts. The text of this bill can be found here: http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB218). A Bill Fact Sheet is also attached for your reference.

 

We are requesting letters of support for SB 218 to members of the Senate Governance and Finance Committee. It is important that committee members hear from supporters before a scheduled hearing on March 29.

 

A sample support letter is attached to this email; letters may be mailed or emailed. If emailing your letter, please address your email to the following individuals:

 

Senator Bill Dodd – bill.dodd@sen.ca.gov

Leslie Spahnn, Legislative Director – leslie.spahnn@sen.ca.gov

 

Senate Governance and Finance Committee members:

Senator Mike McGuire (Chair) – mike.mcguire@sen.ca.gov

Senator Janet Nguyen (Vice Chair) – janet.nguyen@sen.ca.gov

Senator Jim Beall – jim.beall@sen.ca.gov

Senator Ed Hernandez – ed.hernandez@sen.ca.gov

Senator Robert M. Hertzberg – Robert.hertzberg@sen.ca.gov

Senator Ricardo Lara – ricardo.lara@sen.ca.gov

Senator John M. W. Moorlach – john.moorlach@sen.ca.gov

 

Please help share this request with your constituents and other prospective CalABLE participants. Thank you for your support!

 

If you have any questions, please contact us at calable@treasurer.ca.gov.
Sincerely,

CalABLE Staff

SAMPLE LETTER OF SUPPORT

[Date]

Senator Bill Dodd

California State Senate

State Capitol, Room 5063

Sacramento, CA 95814

 

Re:     SB 218 (Dodd) – The Qualified ABLE Program: Tax-Advantaged Savings Accounts

Dear Senator Dodd:

[Name of Your Organization is/I am] writing in support of SB 218, a measure that will prohibit the state from filing a claim against a beneficiary’s CalABLE account for the payment of medical assistance paid under Medi-Cal. The excitement for new possibilities for people with disabilities that has come with the rollout of ABLE plans across the country has unfortunately been tempered by the Medicaid payback provision that currently exists in the federal ABLE legislation and Section 1396p of Title 42 of the United States Code. Limiting Medi-Cal recovery of CalABLE accounts would alleviate significant concerns held by individuals eager to participate in the CalABLE Program.

[Optional: Include specific information about why you/your organization is interested in/impacted by this issue.]

ABLE accounts stand to be a game-changer in helping provide financial security for people with disabilities, with the potential to break the cycle of poverty that often results from the inability to save money as a result of receiving public benefits. Unfortunately, account enrollment across the country has been slow due to fears around Medicaid recovery. Like other states, the success of California’s ABLE program will rely on a high level of enrollment. SB 218 would allay these concerns and encourage program enrollment, as well as increase contribution levels.

Thank you for your commitment to empowering people with disabilities to finally save for the future they deserve. [Name of Your Organization is/I am] a proud supporter of SB 218.

Sincerely,

 

 

Your Name and Title

 

cc:        Leslie S. Spahnn, Legislative Director

Senate Governance and Finance Committee

 

 

 

https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB218

We are working hard at CDAC to ensure the gains made in recent years are not eroded. This piece of legislation (and hopefully another one related to a tax deduction for deposits– fingers crossed) will help make California’s ABLE program even better! Please know none of this would exist without collaborative efforts between friends at CalABLE and the National Down Syndrome Society. CDAC warms extends gratitude to both entities.

SB-218 The Qualified ABLE Program: tax-advantaged savings accounts.(2017-2018)

 

Date Published: 02/01/2017 09:00 PM

Bill Start

 

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

 

Senate Bill No. 218

 

Introduced by Senator Dodd
February 01, 2017

 

An act to add Section 4885 to the Welfare and Institutions Code, relating to the Qualified ABLE Program.

LEGISLATIVE COUNSEL’S DIGEST

SB 218, as introduced, Dodd. The Qualified ABLE Program: tax-advantaged savings accounts.
Existing federal law, the Stephen Beck, Jr., Achieving a Better Life Experience Act of 2014 (ABLE Act), encourages and assists individuals and families to save private funds in a tax-advantaged savings account for the purpose of supporting persons with disabilities to maintain their health, independence, and quality of life by excluding from gross income distributions used for qualified disability expenses by a designated beneficiary of a qualified ABLE program established and maintained by a state, as specified. Existing state law authorizes a designated beneficiary, as defined, to have one ABLE account for these purposes.
This bill would authorize the transfer of all amounts in the designated beneficiary’s ABLE account to an ABLE account for another individual specified by either the designated beneficiary or the estate of the designated beneficiary upon the death of the designated beneficiary. The bill would prohibit the state from seeking distribution of any amount remaining in the designated beneficiary’s ABLE account for any amount of medical assistance paid under the state’s Medicaid plan and would prohibit the state from filing a claim for the payment, as specified.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  


Bill Text

The people of the State of California do enact as follows:

SECTION 1.

Section 4885 is added to the Welfare and Institutions Code, to read:

4885.

(a) Notwithstanding any other state law, all amounts in the designated beneficiary’s ABLE account, upon the death of the designated beneficiary, may be transferred to an ABLE account for another eligible individual specified by either the designated beneficiary or the estate of the designated beneficiary.

(b) Following the death of a designated beneficiary, the state shall not seek distribution of any amount remaining in the designated beneficiary’s ABLE account for any amount of medical assistance paid for the designated beneficiary after the establishment of the account under the state’s Medicaid plan established under Title XIX of the Social Security Act, and the state shall not file a claim for the payment under Section 529A of the Internal Revenue Code.