From left to right: Attorney John J. Ford of Northeast Justice Center, U.S. Congressman Stephen F. Lynch (D-MA), and Attorney Judy Flynn
Attorneys Flynn and Ford had a productive meeting with Congressman Lynch, who has pledged his full support of NAELA’s efforts to repeal mandatory Medicaid Estate Recovery.
Attorney Flynn and Congressman Lynch in his office in the Capitol building.
The NAELA Foundation and the Board of Directors of NAELA held a Congressional briefing this month to educate legislators about the harmful effects of Medicaid Estate Recovery (MER). NAELA also presented an award to U.S. Representative Jan Schakowsky (D-Ill.), who introduced the Stop Unfair Medicaid Recoveries Act, legislation aimed at addressing inequities within the Medicaid estate recovery system.
Federal law currently requires states to recover certain Medicaid costs after an enrollee dies—typically benefits paid from age 55 onward and long-term nursing home costs at any age. While an enrollee’s home is generally excluded when applying for Medicaid, it is often the only significant asset subject to recovery after death.
As a result, this policy disproportionately affects individuals with limited means—who are less likely to seek legal guidance—and communities of color. The proposed legislation would repeal the federal requirement that states recover certain Medicaid costs after an enrollee’s death, better protecting families and ensuring that recovery practices are fair, transparent, and aligned with Medicaid’s original intent. Advocacy efforts such as these reflect our continued commitment to protecting older adults, people with disabilities, and the families who support them.
The United States Capitol, Washington D.C.
We are grateful for Attorney Flynn’s leadership, both nationally and within our firm, as she continues to advocate for policies and practices that benefit our clients and the older adults we serve.
