.
Subject to certain rules and regulations, Medicaid may seek
recovery of some of the benefits paid from the estate of a Medicaid
recipient. Under
NEW legislation passed effective April 1, 2011 recovery may
no longer limited to the estate of the recipient but may include will
substitutes which pass by operation of law after the death of the person
receiving benefits. This new law will not be implemented until regulations are
adopted by the Department of Health. Until then we cannot fully know how this
new legislation will affect Medicaid recoveries after death.
Under certain
circumstances, Medicaid may place a lien on the home of an individual receiving
institutional Medicaid benefits during the lifetime of that recipient when
there is no reasonable expectation that the recipient will be returning
home.
Proper Medicaid planning can help mitigate the affect of Medicaid
liens.
