NATIONWIDE — Recognizing the need to address the inequities perpetuated by Medicaid Estate Recovery (MER) on marginalized communities, the Robert Wood Johnson Foundation (RWJF) has awarded a grant to the National Academy of Elder Law Attorneys (NAELA) Foundation to fund research, education and advocacy on this issue.
Working in partnership with Justice in Aging, the NAELA Foundation will elevate personal stories and data on the harmful impacts of MER to educate federal lawmakers and policymakers on the need for reform.
“MER is a federal law that requires state Medicaid programs to recover benefits paid to enrollees 55 and older, or enrollees of any age who are expected to permanently reside in a long-term care setting, upon the enrollee’s death,” said Bridget O’Brien Swartz, Esq., Chair of the NAELA Foundation Board of Trustees. “Heirs in many cases are forced to sell a family home that otherwise would have been passed down to them. By forcing asset recovery, MER disproportionately affects the poorest and most marginalized Americans, as well as formerly middle-class families impoverished by long-term care expenses.”
All states have a Medicaid Estate Recovery program and must attempt reimbursement for long-term care costs, according to the American Council on Aging.
Many NAELA member attorneys work with individuals and families subject to MER. The NAELA Foundation will gather personal stories that show the real-life effects of Medicaid estate recovery. At the same time, it will analyze research on MER to support these personal experiences with data.
Justice in Aging will assist with education and advocacy efforts to demonstrate the devastating impact of home forfeiture, especially on communities who are racially and economically marginalized. This important initiative aims to educate federal lawmakers and policymakers on the actual consequences of Medicaid estate recovery and inform the need for change to the current system.
“Medicaid is the only public health care program that treats coverage as a loan, which is financially devastating given that Medicaid is only available to people who cannot otherwise afford care,” said Kevin Prindiville, Justice in Aging’s executive director. “Estate recovery perpetuates intergenerational poverty among communities of color that already struggle to build wealth due to other discriminatory policies. Hearing directly from the people harmed by estate recovery is the necessary catalyst for change, and Justice in Aging is excited for this opportunity to elevate their voices.”
The Robert Wood Johnson Foundation is committed to improving health and health equity in the United States. For more information, visit www.rwjf.org.
The NAELA Foundation is an affiliated 501(c)(3) entity of the National Academy of Elder Law Attorneys, a renowned 501(c)(6) organization dedicated to improving the quality of legal services provided to older adults and people with disabilities. The NAELA Foundation’s work and educational outreach supports the most vulnerable Americans as they face continuous eroding of rights and benefits.
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. They focus their 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.
Contributed by Justice in Aging.