CLIENT ALERT

MEDICAID 2023 UPDATE


NEW BILL UNWINDS COVID-19 EASEMENTS



RECERTIFICATIONS SET TO BEGIN IN APRIL 2023

In response to the onset of the public health emergency created by the COVID-19 pandemic, the Families First Coronavirus Response Act (FFCRA) was signed into law on March 18, 2020. FFCRA suspended the closings and reductions of Medicaid cases. Under the law, for the duration of the health emergency, Medicaid recipients could not lose their coverage or have their NAMI increased unless they moved out of state, died or voluntarily closed their case. The suspension period has been extended numerous times, most recently through February 2023. 


CONTINGENT COVERAGE ENDS MARCH 31, 2023


At the end of last year, President Biden signed the Consolidated Appropriations Act (CAA) into law. Under the CAA, the continuous coverage conditions of the FFCRA end on March 31, 2023. As of April 1, 2023, states may begin redetermining Medicaid eligibility for current recipients. This means that all Medicaid recipients are expected to start receiving renewals to complete and return with documentation of their income and assets. Based on those renewals, or the failure to submit a timely renewal, Medicaid recipients risk having their coverage reduced or terminated as early as July 2023. Only Medicaid recipients who died, moved out of state or voluntarily stopped their own coverage should have their coverage terminated before July 2023. States have 14 months to complete the renewal process for all Medicaid recipients.



OUR OFFICE IS AVAILABLE TO HELP



As we brace for a tsunami of renewals, discontinuances, and NAMI increases it is more important than ever to diligently:


  1. Monitor due dates for aid to continue requests
  2.  Pursue missing documentation and request timely collateral investigations
  3.  File for guardianship when needed to preserve Medicaid eligibility for incapacitated residents
  4. Pursue collection of the private charges that will accrue when contingent Medicaid coverage ends

For more information on long term Medicaid issues, or to schedule an initial consultation, please reach out to Nancy Levitin, Esq. or Gregory Choi, Esq. in our nursing home department at 516-328-2300 or visit www.abramslaw.com.



NANCY LEVITIN is a Partner and the Director of the Health Care Reimbursement and Recovery Practice at Abrams Fensterman, LLP. She counsels the firm's clients on all matters pertaining to Medicaid, guardianships, third party reimbursement, private collections, Medicare, HMOs, and estate recoveries. Nancy has been designated a Super Lawyer in Health Care Law since 2010.

GREGORY S. CHOI is an Associate at the firm and focuses his practice on the area of Medicaid. Mr. Choi was recognized as a “Rising Star” by Super Lawyers in Health Care Law in 2022. Each year, no more than 2.5% of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor.

This email may contain attorney advertising. The material included is intended to be informational and the content should not be interpreted as legal advice.

Abrams Fensterman, LLP
Facebook  Twitter  Linkedin