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Improvement Act) to one or more relatives (by blood, adoption, or marriage), including Indians not enrolled as members of a Tribe and non-Indians, such as spouses and step- children, that their culture would nevertheless protect as family members; to a Tribe or Tribal organization; and/or to one or more Indians; 3. Income left as a remainder in an estate derived from property protected in 2 above, that was either collected by an Indian, or by a Tribe or Tribal organization and distributed to Indian(s), as long as the individual can clearly trace it as coming from the protected property. 4. Ownership interests left as a remainder in an estate in rents, leases, royalties, or usage rights related to natural resources (including extraction of natural resources or harvesting of timber, other plants and plant products, animals, fish, and shellfish) resulting from the exercise of federally-protected rights, and income either collected by an Indian, or by a Tribe or Tribal organization and distributed to Indian(s) derived from these sources as long as the individual can clearly trace it as coming from protected sources; and 5. Ownership interests in or usage rights to items not covered by 1-4 above that have unique religious, spiritual, traditional, and/or cultural significance or rights that support subsistence or a traditional life style according to applicable Tribal law or custom Native Americans: Income, Resources and Property Not Exempt from Medicaid Estate Recovery The following income, resources and property from the estates of Native Americans are not exempt from estate recovery: 1. Ownership interests in assets and property, both real and personal, that are not described in items 1-5 above. 2. Any income and assets left as a remainder in an estate that do not derive from protected property or sources in items 1-5. 22.1.5.9 Reparation Payments to Individuals Government reparation payments to special populations are exempt from Medicaid estate recovery. 22.1.5.10 Voluntary Recovery (ERP) When a member age 55 or older wishes to pay an amount to Medicaid to maintain Medicaid eligibility, prepay a Medicaid deductible, or reduce a potential claim in an estate, forward the payment to ERP. First check BVCI to make sure there is not an outstanding Medicaid claim for an overpayment since the money should be applied to an overpayment first. Voluntary payments, except for prepayment of a deductible, may only be up to the amount of Medicaid paid to date. (See SECTION 22.1.10 VOLUNTARY RECOVERY (NOT ERP) for voluntary recoveries for members under age 55.) The check or money order should be made payable to DHS. Mail the payment to: Estate Recovery 313 Blettner Blvd Madison WI 53714-2405 With the payment, include: