317.19 Recovery for Medical Assistance Provided-Estates (AAM)

317.19 Recovery for Medical Assistance Provided-Estates (AAM)

SR 06-06 Dated 04/06 Previous Policy

Inform applicants for medical assistance:

. that DHHS has an obligation to recover from their estate when the estate is probated and from any assets that pass outside of probate after the death of the recipient;

. that recovery is limited to the actual amount paid on behalf of the recipient for medical assistance provided from age 55;

. that valuation of the life estate will be based on the recipient ' s age as of the date of death; and

. that for the purpose of recovery of medical assistance, a recipient ' s "estate" includes:

- all property, real or personal, in which the recipient holds an interest on the date of the recipient ' s death. Such interests include joint tenancy with rights of survivorship, tenancy in common, life estates, and living trusts, without regard to the date that such title or interest was established; and

- both assets that pass through probate and assets that pass outside the probate process, such as certain trust assets, assets held jointly, and unpaid annuity balances that benefit the recipient.