Page 246

UPDATED: JANUARY 2012

680.2

OTHER ELIGIBILITY REQUIREMENTS

RECOVERIES ESTATE RECOVERIES

GISs

10 MA/008

08 MA/031

06 MA/018

06 MA/022

Interpretation: Effective September 8, 2011 assets subject to estate recovery include all property in which the deceased Medicaid recipient has any legal interest including jointly owned real and personal property, retained life estates, interests in trusts and other assets.

Medicaid Recoveries are prohibited:

• During the lifetime of the surviving spouse, or at any time when the recipient has a surviving child who is under age 21 or a child of any age who is certified blind or certified disabled. This prohibition applies to all assets of the recipient including those that pass directly upon the recipient’s death to individuals other than a surviving spouse or minor child, or blind or disabled child. • From the income, resources and property belonging to an American Indian or Alaskan Native. • From government reparation payments paid to special populations. • From Workers’ Compensation, volunteer firemen’s benefits, Social Security, SSI or other such benefits. • From the recipient’s personal injury action that was filed against a nursing home. This prohibition runs for the lifetime of the recipient. • From the personal account of a veteran who died in a Veteran’s Administration (VA) nursing facility. If a veteran was transferred from a non-VA facility to a VA facility (e.g. a VA hospital) for treatment and died while in the VA facility no recovery from the personal account maintained by the non-VA facility is pursued. Similarly if the VA contracted for the care of a veteran in a private nursing facility at VA expense recovery is not sought from the personal account maintained by the private nursing facility. • From payments made through the Office of Mental Health Comprehensive Outpatient Program (COPs).

Medicaid Recoveries involving a homestead are prohibited:

• When a sibling with an equity interest in the home of a

MRG