Author Topic: Medicaid claims and other medical claims on estate  (Read 734 times)

moustachebar

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Medicaid claims and other medical claims on estate
« on: April 06, 2022, 12:31:39 PM »
I know we have some folks on expanded Medicaid here and I have questions for you!

I am doing a will and came across a reference to states being required to pursue repayment of Medicaid payouts: executors have to check with the state to see if Medicaid reimbursement is due. I am seeing references to it being only for care over age 55, or for one's lifetime, or if there are no heirs. I am new to it and cannot tell if this applies to expanded Medicaid or not.

Separately I am reading that medical bills from the last four months of life must be paid. This might be a lot less for ACA-insured people, but still not nothing. Some of those deductibles can be really high.

I am wondering how to estimate or account for any of this stuff. I would think that anything in the estate would go toward these Medicaid repayments first, including house, bank accounts, and depending on state, any trusts established by the will, maybe even beneficiaries of IRAs etc.

I'm hoping someone here might be aware of this and what it means and could share a little bit of info. Thanks!

iris lily

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Re: Medicaid claims and other medical claims on estate
« Reply #1 on: April 06, 2022, 12:51:17 PM »
Posting to follow…

jim555

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Re: Medicaid claims and other medical claims on estate
« Reply #2 on: April 06, 2022, 04:58:30 PM »
Legally under Federal law states are required to Estate Recover for nursing home costs age 55 or greater.  Some states go above and beyond and try to recover anything, not just nursing home.  NY only recovers nursing home costs, not regular ACA Medicaid, via anything passing through Probate.   

moustachebar

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Re: Medicaid claims and other medical claims on estate
« Reply #3 on: April 06, 2022, 05:07:10 PM »
I was hoping you'd shed some light on this, thanks!

Is death/ probate the only time they do this, and are you aware of any particularly interesting state strategies out there? I saw that New Jersey uses some expanded probate definition to look at anything going into testamentary trusts, for example. Think anyone is making claims on care for non nursing home care or under 55s?

For that matter, I wonder if a state like Missouri that fought expansion will try to recover more aggressively. Could they garnish wages or otherwise pursue the living?

jim555

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Re: Medicaid claims and other medical claims on estate
« Reply #4 on: April 06, 2022, 05:19:22 PM »
I was hoping you'd shed some light on this, thanks!

Is death/ probate the only time they do this, and are you aware of any particularly interesting state strategies out there? I saw that New Jersey uses some expanded probate definition to look at anything going into testamentary trusts, for example. Think anyone is making claims on care for non nursing home care or under 55s?

For that matter, I wonder if a state like Missouri that fought expansion will try to recover more aggressively. Could they garnish wages or otherwise pursue the living?
It can't be under age 55, 55 is the minimum age.  Most states only do nursing home, but a few do everything.  They can't pursue the living, recovery is at death.  Remember elderly Medicaid requires you to have almost no assets to qualify, so the house is the object of the recovery.  Houses have special protections while a spouse is alive.