SB 151
Exempting life insurance cash value from Medicaid eligibility calculations
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- Passed Senate
- Passed House of Delegates
- To Governor
- Became Law
Bill overview
This bill proposes to exempt the cash value of a life insurance policy from being considered when determining a person’s eligibility for Medicaid in West Virginia. Currently, the cash value of life insurance is factored into Medicaid calculations. This change aims to allow more West Virginians to access Medicaid benefits, particularly those with significant life insurance holdings. The bill also outlines procedures for handling settlements and subrogation rights related to Medicaid payments.
Key provisions
- Exempts the cash value of a life insurance policy from Medicaid eligibility calculations.
- Establishes procedures for notifying the Department of Human Services of settlements involving third-party liability for medical expenses.
- Defines the Department’s right to subrogation – the ability to recover Medicaid payments from responsible parties.
- Outlines a process for determining the allocation of settlement funds between the recipient and the Department of Human Services.
- Specifies a limit of $20,000 for settlements that are exempt from subrogation rules.
- Prohibits informing juries about the Department’s subrogation lien.
- Addresses attorney’s fees and costs associated with subrogation claims.
- Clarifies the Secretary’s authority to compromise and settle subrogation claims.
Who is affected
- Medicaid recipients
- Life insurance policyholders
- Third-party liability providers
- The Department of Human Services
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