#United States #Washington, D.C. #Congress #NAELA #Medicaid Estate Recovery

NAELA Foundation Hosts Educational Briefing on Medicaid Estate Recovery

On January 7, 2026, the National Academy of Elder Law Attorneys (NAELA) Foundation took a significant step towards raising awareness of the challenges posed by Medicaid Estate Recovery by hosting an educational briefing on Capitol Hill. This event gathered Members of Congress and their staff at the Capitol Visitors Center to delve into the issues that arise when families confront claims following the death of a loved one enrolled in Medicaid.

Understanding Medicaid Estate Recovery

Medicaid Estate Recovery is a federal regulation that mandates state Medicaid programs to recover certain benefits upon the death of an enrollee aged 55 or older, or any enrollee who is permanently institutionalized. Even if states wish to loosen these stringent recovery efforts, they are compelled to pursue such claims under the law. The implications of this policy can be staggering, often resulting in the loss of family homes and financial stability for many families at their most vulnerable times.

During the briefing, Congresswoman Jan Schakowsky (D-Ill.)—an outspoken advocate for Medicaid reform—spoke passionately about the need for change. Alongside her were Bridget O'Brien Swartz, the Chair of the NAELA Foundation, and Eric Einhart, the President of NAELA. Each highlighted personal stories of individuals and families collectively affected by this controversial policy.

Voices from the Community

The briefing included poignant testimonies from individuals whose lives have been drastically altered due to Medicaid Estate Recovery. With many families sharing harrowing anecdotes about facing claims of tens of thousands of dollars due solely to a loved one's enrollment in Medicaid to obtain long-term care, the emotional weight of these accounts was palpable. Attendees witnessed as these individuals described the loss of family homes and the financial turmoil exacerbated by the need for Medicaid assistance.

In addition to the first-hand testimonials, the NAELA Foundation undertook a nationwide competition among graduate students who analyzed the data surrounding Medicaid Estate Recovery. Their assignments yielded substantial recommendations aimed at mitigating the adverse effects of this policy and working towards a more compassionate framework for families facing these challenges.

Bridget O'Brien Swartz emphasized the urgency of addressing this issue, stating, "The NAELA Foundation is grateful for this opportunity to share the results of our work with Members of Congress and their staff. This law goes after families at the worst times in their lives, undermining their ability to achieve the American Dream of homeownership."

Legislative Outreach and Future Prospects

The educational briefing was made possible through a grant from the Robert Wood Johnson Foundation, aimed at investigating the income and racial inequities tied to Medicaid Estate Recovery. It sheds light on how this law predominantly impacts lower-income and marginalized communities, creating barriers that further entrench these families in financial hardship.

For future endeavors, the NAELA Foundation is committed to advocating for legislative changes that can offer protection to families and prevent them from experiencing financial ruin following the loss of a loved one. The gathering on Capitol Hill marked an essential step in creating discourse among lawmakers regarding the necessary reforms in Medicaid policies that will safeguard American families.

Resources and Further Information

For those looking to dive deeper into this pressing issue, the NAELA Foundation has made available videos showcasing the testimonies of individuals affected by Medicaid Estate Recovery. This resource, along with findings from the research competition, can be accessed at naela.org/medicaidestaterecovery.

If you require more information, feel free to contact Mary Lynn Rynkiewicz, the NAELA Director of Advocacy and Public Affairs at [email protected].

About the NAELA Foundation

The NAELA Foundation is dedicated to advancing the quality of legal services for older adults and individuals with disabilities. This organization supports innovative research, impactful educational programs, and strategic litigation efforts aimed at transforming the legal landscape surrounding elder law and public benefits. As a 501(c)(3) non-profit, it stands as a beacon for those seeking justice and equity in elder law matters.