HB 3020 Summary

• Oklahoma Health Care Authority may file and enforce a lien against a recipient's homestead for medical assistance payments made for nursing home facility care, ICF/IID (intermediate care facility for individuals with intellectual disabilities), or home- and community-based services through the Medicaid-ADvantage Waiver Program.

• A one-year period of compensated inpatient or waiver service care creates a determination that the recipient cannot reasonably be discharged and returned home, triggering potential lien eligibility.

• Authority must provide written notice to recipients explaining the lien process, amount calculations, and right to a hearing before filing the lien; recipient or legal guardian must sign acknowledging understanding of the notice.

• Lien cannot be filed or enforced while homestead is lawfully occupied by surviving spouse, children under 20, incapacitated adult children, or siblings with equity interest who resided there at least one year before admission.

• Act becomes effective November 1, 2016.