What is the Medicaid estate recovery program?
1 In 1993, a federal law was enacted which requires every state to implement a „Medicaid estate recovery“ program for two groups of people receiving Medicaid benefits: those over the age of 55 who have received Medicaid assistance, and anyone permanently institutionalized who received Medicaid assistance (regardless of age). 2
What is the estate recovery program in Indiana?
The Indiana Family & Social Services Administration Estate Recovery Program is the entity that administers the estate recovery process for the State of Indiana. The Estate Recovery Program will seek to recover the total amount Medicaid has paid on behalf of recipients after they turned 55-years-of-age, and in certain other limited circumstances.
Is Medicaid recovery of estates and liens possible?
Medicaid recovery of estates and liens is rare in practice; some states refuse to participate in the program. Despite the law mandating it, only 10 states have indicated a willingness to pursue the recovery of health care costs from estates as of 2005.
Can a state recover from the estate of a deceased person?
States may not recover from the estate of a deceased Medicaid enrollee who is survived by a spouse, child under age 21, or blind or disabled child of any age. States are also required to establish procedures for waiving estate recovery when recovery would cause an undue hardship.
What is the estate recovery program in South Carolina?
In August of 1993, Congress passed a law that requires states to recover amounts that Medicaid has paid for certain recipients. In South Carolina the Estate Recovery Program went into effect on July 1, 1994. The state will recover amounts paid by Medicaid for services received July 1, 1994 or later.
What happens to the remainder of an estate on Medicaid?
The Medicaid program will recover from the remainder of the estate, after claims with higher priority are paid. Estate recovery must be deferred if the beneficiary is survived by a spouse or a child under the age of 21 blind or permanently disabled. Estate recovery may be waived if it would create an undue hardship.