Department of Health Care Services Releases Proposed Bill for Recovery on Special Needs Trusts
Senate Budget Sub 3 has recommended that the Department’s Special Needs Trust/Recovery bill not be heard and (like last year) believes it should be a policy bill, so they will not be considering it. The Department of Health Care Services’ legislative proposal would prohibit Shewry v. Arnold from applying to Special Needs Trust recoveries and prohibit the deferrals and exemptions under the Medi-Cal recovery laws from applying to reimbursement of claims asserted against special needs trusts, including pooled special needs trusts. We do not know if the Department will continue to pursue this on a policy track, given the overwhelming budget issues out there, but will keep you informed. Click to see the Department’s proposed language and “Fact Sheet”.