Proposal to Create New Medicare Benefit for Long-Term Care

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On May 2, House Energy and Commerce Committee Ranking Member Frank Pallone (D-NJ) released a discussion draft of the Medicare Long-Term Care Services and Supports (LTSS) Act of 2018, to establish a new LTSS benefit within the Medicare program.  Upon release of the discussion draft, Representative Pallone commented, “The growing need for long-term care is one of the greatest threats to retirement security for American seniors, and the adult children who care for them.” 

Aimed at providing care for individuals with substantial long-term care costs, the proposed LTSS benefit, or Medicare Part E, would cover anyone eligible for Medicare Part A, as well as those under the age of 65 meeting certain specified Social Security Disability Insurance and disability criteria.  The HHS Secretary would be directed to establish a certification process to make a determination about whether an individual qualifies under the LTSS program, as well as what specific level of benefits would be appropriate for that individual.   This new Medicare Part E program would provide a self-directed cash benefit that could be used for nursing facility care, adult day care programs, home health services, personal care services, transportation, or assistance provided by a family caregiver. 

Representative Pallone was a strong supporter of the Community Living Assistance Services and Supports (CLASS) Act, a long-term care insurance program adopted as part of the Affordable Care Act but never implemented by the Obama Administration and ultimately repealed by Congress in 2013.  Representative Pallone maintains that the importance of having a LTSS program has only increased:  “It’s time to expand Medicare to include a long-term care benefit so that millions of seniors and individuals with disabilities no longer have to face financial ruin before they get assistance.  I’m hoping that this proposal will begin an important discussion, and look forward to getting feedback from interested stakeholders.”  Representative Pallone requests feedback by June 15; comments may be sent to ECDem.comments@mail.house.gov.

The text of the discussion draft can be found here, the section-by-section summary can be found here, and a fact sheet on the discussion draft can be found here.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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