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` ~",~ "! <br />CITY OF NORTH OLMSTED <br />RESOLUTION N0.97- ~_ <br />BY: Councilman Musial, Councilman McKay and Councilman Lind <br />A RESOLUTION CALLING UPON THE SENATE AND HOUSE OF <br />REPRESENTATIVES OF THE UNITED STATES OF AMERICA TO <br />SUPPORT U. S. REP. STEVEN C. LaTOURETTE'S LEGISLATION TO <br />REPEAL THE MEDICAID CRIMINAL PENALTIES PROVISION IN THE <br />RECENTLY ENACTED KENNEDY-KASSEBAUM HEALTH CARE LAW <br />WHEREAS, the Medicaid criminal penalties provision in the recently enacted Kennedy- <br />Kassebaum Health Care Law makes it a criminal offense for senior citizens to transfer certain assets <br />in order to qualify for Medicaid benefits if the transfer results in a period of ineligibility, and <br />WHEREAS, under this Health Care Law, a senior citizen who has keen given an ineligibility <br />ICY for Medicaid could be criminally prosecuted and sentenced to up to five years in prison and <br />subject to up to $25,000 in fines, and <br />WHEREAS, under this Health Care Law, adult children who assist their senior citizen <br />parents could also be subject to criminal penalties. <br />WHEREAS, this Resolution constitutes an emergency measure proving for the immediate <br />preservation of the public health, safety and welfare. <br />NOW THEREFOR, BE TT RESOLVED BY THE COUNCIL OF THE CITY OF NORTH <br />OLMSTED, COUNTY OF CUYAHOGA AND STATE OF OHIO: <br />SECTION 1: That the Medicaid criminal penalties provision in the Kennedy-Kassebaum Health <br />Care Law could subject North Olmsted senior citizens and/or their adult children to prosecution or <br />imprisonment. <br />SECTION 2: That the Medicaid criminal penalties in this Health Care Law could confuse and <br />discourage truly impoverished North Olmsted senior citizens from applying for Medicaid and thereby <br />prevent them from receiving the benefits to which they are entitled to receive. <br />SECTION 3: That this Council supports LaTourette in his effort to repeal the provision in the <br />Kennedy-Kassebaum Health Care Law which makes it a criminal offense to transfer certain assets <br />to qualify for Medicaid, <br />SECTION 4: That this Council urges the Senate and House of Representatives of the United <br />States of America to repeal the provision in the Kennedy-Kassebaum Health Care Law which makes <br />it a criminal offense to transfer certain assets to qualify for Medicaid. <br />