What Is Medicaid Estate Recovery?

Michigan was the last state in the nation to adopt a federally required Medicaid Estate Recovery program. Medicaid Estate Recovery is the process by which Michigan will seek to recover the cost of care provided to certain Medicaid recipients upon their death.

As of July 1, 2011 Michigan began operating its Medicaid Estate Recovery program and seeks to recover costs for Medicaid services provided after July of 2010. Estate recovery applies to Medicaid recipients over age 55 who had their care paid for by Medicaid under certain Medicaid programs. These programs include nursing home care, home care, hospital expenses and prescription drugs.

Typically any recovery would come from the home of a deceased Medicaid recipient. With proper planning Medicaid Estate Recovery can be entirely avoided. For those who do not plan there are certain limited exceptions to Medicaid Estate Recovery. The most common exception is when a surviving spouse is residing in the family home.

However the best approach to avoiding Medicaid Estate Recovery is to plan ahead so that the family home can be protected. Please contact the law firm of John A McDermott to learn how your family home can be protected from Medicaid Estate Recovery.

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