Page 239

UPDATED: JANUARY 2012

676

OTHER ELIGIBILITY REQUIREMENTS

RECOVERIES

Description: Recovery is the repayment or taking back of funds expended for Medicaid.

Policy: A recovery may be made: • from the estate (including non-probate assets) of a permanently institutionalized individual of any age; • from the estate (including non-probate assets) of an individual who was 55 years of age or older when s/he received Medicaid; • from a personal injury award or settlement; • based upon a court judgment, for Medicaid incorrectly paid (including Family Health Plus); • from a legally responsible relative who fails or refuses to make his/her income and resources, as appropriate, available to the Medicaid recipient (See OTHER ELIGIBLITY REQUIREMENTS OWNERSHIP AND AVAILABILITY ); • from the sale of real property of a permanently institutionalized individual (See RESOURCES PERSONS IN MEDICAL FACILITIES TREATMENT OF REAL PROPERTY) when a lien had been placed against the real property of such person pursuant to SSL 369(2)(a)(ii); or • from a non-custodial parent who has a court order to pay cash medical support to the LDSS.

A recipient may elect to voluntarily reimburse a district for Medicaid correctly or incorrectly paid.

References: SSL Sect. 366(3)(a)

369

NYS Finance Law 18 (4&5)

General Business Law 453

Social Security Act 1917(b)

MRG