| It's not enough to qualify for Medicaid unless you also | | | | more than a year after the Medicaid recipient spouse, |
| plan for the possibility of "estate recovery." That's | | | | it will be too late for the state to file its claim for estate |
| when the state presents a bill to the estate of the | | | | recovery. |
| person who had been receiving Medicaid, for all | | | | If a state can only file a claim when there is no child |
| Medicaid payments it made on behalf of the Medicaid | | | | under 21, can they wait until the child attains age 21 and |
| recipient, following that person's death. There are some | | | | then file their recovery claim? Once again, this must |
| exceptions, however, that prevent such recovery. Let's | | | | happen within the statute of limitations period, assuming |
| take a look at a few of these. | | | | there's not a blanket exemption if there's a surviving |
| If you were under age 55 at the time you received | | | | child under age 21, period. |
| Medicaid benefits other than nursing home care, then | | | | There will be no recovery made against the exempt |
| you will be exempt from estate recovery. | | | | home of the Medicaid recipient (i.e., it will not have to be |
| If you are survived by a spouse, a child under age 21, | | | | sold to pay back the state) if |
| or a blind or totally and permanently disabled | | | | |
| dependent, you will also be exempt from estate | | | | 1. a sibling of the Medicaid recipient was living in the |
| recovery. Technically, the federal law states that | | | | house for at least one year immediately prior to the |
| recovery can be made "only after the death of the | | | | date the recipient was admitted to the nursing home |
| individual's surviving spouse." So if, for example, the | | | | and who has continuously lived in the house since then, |
| surviving spouse dies a month after the Medicaid | | | | or |
| recipient spouse, a state could file a claim for recovery | | | | 2. if there is a son or daughter (of any age) of the |
| at that time. Many states, however, have taken a | | | | Medicaid recipient who was living in the house for at |
| more liberal reading of this, and so long as there is a | | | | least two years immediately prior to the date the |
| surviving spouse, no recovery will be made, no matter | | | | recipient was admitted to the nursing home, who has |
| how long or short the surviving spouse lives. Once | | | | continuously lived in the house since then, and who |
| again, you'll need to check your state's own laws to | | | | provided care to the Medicaid recipient prior to his or |
| find out which rule applies to your situation. | | | | her entering the nursing home which permitted the |
| Notwithstanding the above, even in a state where | | | | recipient to delay entering the nursing home. |
| recovery may be made after the surviving spouse's | | | | If all else fails, there's an exemption against estate |
| death, there typically is an additional limitation that | | | | recovery if such recovery would work an "undue |
| applies to all claims against an estate: all states have a | | | | hardship" on the surviving family members. One |
| statute of limitations that bars claims against an estate | | | | example would be where the exempt asset is a |
| that are made more than a certain number of months | | | | working farm, and a forced sale of that farm would |
| after the death. In many states, that limit is one year. | | | | throw surviving family members out of work. |
| So, in a state with this rule, if the surviving spouse dies | | | | |