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COMBINED MEDICAID 304-4 Lien and Estate Recovery Supersedes: FMA 307-4 (01/01/08); MA 1401-1 (04/01/11); FMA 307-5 (07/01/05); MA 1402-1 (01/01/08) Reference: MCA 53-6-165 through -169, 171, 175; ARM 37.82.101, .431 and .438; P.L. 110-275 Overview: The Medicaid Lien and Estate Recovery Program is the mechanism used to recover the cost of medical services. Medicaid Lien & Estate Recovery information is provided with each Medicaid application approval for individuals aged 55 or older. LIEN: Liens may be placed against real property owned by Medicaid clients who reside in a nursing home, intermediate care facility for the mentally retarded or institution for mental disease and who are not expected to return home. All institutionalized applicants and recipients must complete and sign Form HCS-121, "Real Property Liens for Nursing Home Residents" as a condition of eligibility. ESTATE RECOVERY: A deceased individual's estate consists of all property (both real and personal) which: 1. the decedent owned at the time of death; and/or 2. automatically transferred to beneficiaries upon death. This property includes property: 1. reported in probate; 2. owned in joint tenancy; and owned in tenancy-in-common Collection is only pursued for medical expenses Medicaid paid while the individual was: 1. a resident of: a. a nursing home or other institution; b. an intermediate care facility for the mentally retarded; c. an institution for mental disease; or 2. age 55 or older (determined from the actual date the person attains age 55). All institutionalized applicants and recipients must read and sign an HCS-120, “Estate Recovery for Nursing Home Residents" as a condition of eligibility. All Medicaid applicants and recipients aged 55 and older must be provided with a copy of HCS-122, "Estate Recovery for Individuals 55 and older"