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MISSISSIPPI DIVISION OF MEDICAID Eligibility Policy and Procedures Manual CHAPTER 102 – Non-Financial Requirements Page |98 Effective Month: September 2018 Exceptions to the Estate Recovery Provision Estate recovery rules do not apply to a deceased recipient if at the time of death the recipient has a: • Legal surviving spouse living in the home, or • Dependent child under the age of 21 living in the home, or • Dependent child of any age who is either blind or disabled living in the home, or An undue hardship condition exists that causes Estate Recovery not to apply: • A blood relative is residing in the home who meets all of the following requirements: o Resided in the home at least one continuous year immediately prior to the date of the recipient’s admission to the nursing facility or HCBS waiver program, o Provided care to the recipient which delayed entrance into the nursing facility or allowed the individual to avoid entering a nursing facility, o The relative has no other residence. • The property is a source of income for the family (i.e., family farm). Assets and Resources Exempt from Estate Recovery The following assets and resources of American Indians and Alaska natives are exempt from estate recovery: • Interest in and income derived from Tribal land and other resources currently held in trust status and judgment funds from the Indian Claims commission and the U. S. Claims Court. • Ownership interest in trust or non-trust property, including real property and improvements located on a reservation. • Reservation payments to special populations. Estate Recovery Referrals to Third Party Recovery (TPR) TPL has established a $5000 liquid asset threshold for use in determining whether a case record is to be referred to TPL for estate recovery purposes. The $5000 threshold is set so that the client will have sufficient funds for burial.