Can Medicaid Estate Recovery Claim Against My Estate for Benefits 20 Years Old?
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Question:
I have been on expanded Medicaid for 3 years. I am 61 years old. Is expanded Medicaid still subject to estate recovery? If I go off Medicaid now and don’t die till I’m, say 80, will my estate still be in jeopardy? Lastly, is there a way to find out how much Medicaid has paid out on your behalf to date?
Response:
Probably yes, your estate will be subject to claim, and probably no, you won’t be able to get a statement of the amount paid to date. Federal law requires the states to recover Medicaid expenses on behalf of beneficiaries after age 55 for “nursing facility services, home and community-based services, and related hospital and prescription drug services.” 42 U.S. Code § 1396p.
In all likelihood, the benefits you received fall within these categories. However, some states only seek recovery against probate property. You can avoid by placing your assets into a revocable trust, joint ownership or, for some bank and investment accounts, naming a beneficiary. In addition, there’s no adjustment for inflation. So, if you received services in 2020, but do not pass away until 2040, the claim may be relatively small in 2040 dollars.
In terms of finding out how much is owed to date, that depends on your state Medicaid agency. Many don’t calculate the total until the beneficiary has passed away.
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