Page 245
UPDATED: JANUARY 2012
680.1
OTHER ELIGIBILITY REQUIREMENTS
RECOVERIES ESTATE RECOVERIES
Description: Estate recovery is when the cost of Medicaid provided to an individual who was after age 55 or older, or when the recipient was permanently residing in a medical institution, is recovered from the assets in the recipient’s estate.
Policy: Medicaid correctly paid for any recipient who was age 55 or older, or regardless of age, was permanently institutionalized, is recoverable from the estate of the recipient. Non-probate assets of the recipient that generally pass directly to another individual upon death, including: jointly owned financial institution accounts, jointly held real property, life estate interests, interests in certain trusts and annuities regardless of whether there is a named beneficiary or right of survivorship are considered part of the decedent’s estate.
References: SSL Sect. 366(3)(a)
369
Social Security Act 1917(b)
NYS Finance Law 18 (4&5)
General Business Law 453
Dept. Reg. 360-1.4
360-4.4
360-4.7
360-7.2
360-7.4
360-7.11
ADMs 11 OHIP/ADM-8
09 OHIP/ADM-3
02 ADM-03
96 ADM-08
94 ADM-17
92 ADM-53
92 ADM-45
89 ADM-47
89 ADM-45
LCMs
94 LCM-89
MRG