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MISSISSIPPI DIVISION OF MEDICAID Eligibility Policy and Procedures Manual CHAPTER 102 – Non-Financial Requirements Page |97 Effective Month: September 2018 Use the initial DDS decision (and 260DC if applicable) unless a re-examination is specified. • When the initial application is 12 months old, complete a redetermination. The redetermination form is valid for another 12-month period and may be updated as discussed above each time SSI terminates within the year. 102.10 ESTATE RECOVERY REQUIREMENTS The Division of Medicaid is required to seek recovery of payments for nursing facility services and Home and Community-Based Services (HCBS) as well as related hospital and prescription drug services from the estates of deceased Medicaid recipients who were fifty-five (55) or older when Medicaid benefits were received. The estate recovery provision applies to all Medicaid recipients in a nursing facility as of July 1, 1994, and all Medicaid recipients who entered the Home and Community- Based Waiver (HCBS) Program on or after July 1, 2001, who: • Are age 55 or older at time of death; • Own real or personal property at time of death that can be considered an estate. NOTE: Individuals who entered the HCBS Waiver Program prior to July 1, 2001, are “grandfathered in” and will not have their case referred to estate recovery unless the individual is discharged from the program and readmitted after July 1, 2001. In which case, “grandfathered” status is lost and the individual will be referred to estate recovery as a new HCBS client subject to the provision. Estate Property Estate property includes any real or personal property owned by the recipient in its entirety or by shared ownership. Ownership of life estate interests or ownership of property that has been transferred into a trust is not subject to estate recovery. Real property includes the home and any other real property, including ownership of mineral rights and/or timber rights. Personal property includes ownership of any cash reserves, stocks, bonds, automobiles, RVs, mobile homes or any other type of property with value known to be owned by the recipient in full or in part.