Estate Recovery

Promissory Notes

When the Deficit Reduction Act of 2005 changed 42 U.S.C. § 1396p, new restrictions were imposed on promissory notes. Subsection…

2 months ago

How much protection does a Medicaid Asset Protection Trust really provide?

In Hammerberg v. Department of Human Servs. (Minn. Ct. App. 4/22/2024), the State made an estate recovery claim against what…

2 months ago

Locating Medicaid Law

Sometimes finding Medicaid law is tough, but we hope to give you resources here. Federal and state statutes, regulations and…

4 months ago

Medicaid Estate Recovery is Required

At common law there is no obligation to reimburse the government for financial support and services received while impoverished. When…

4 months ago

Structure of the Medicaid Program

“Each participating State develops a plan containing reasonable standards . . . for determining eligibility for and the extent of…

4 months ago

Introduction to Medicaid Estate Recovery

Medicaid, as opposed to Medicare, is a health insurance program, jointly funded by the state and federal governments that pays…

4 months ago

Idaho Medicaid Agency Sets Aside Deeds to Grandchildren in Estate Recovery Action

In State of Idaho v. Beason, 546 P.3d 684 (2024), the Medicaid agency filed an estate recovery claim in Juanita…

4 months ago

Long-Term Care Partnership Policies

Long-Term Care Partnership Policies One example of good planning is purchasing long-term care insurance. The greatest risk to non-taxable estates…

6 months ago

SSI Decisions finding no penalty where beneficiary over 65 funds a pooled trust sub-account

The federal Medicaid statute authorizes the use of individual self-settled special needs trusts for individuals under the age of 65.…

7 months ago

Georgia Medicaid Manual Updated with Transmittal 71

On November 17, 2023, Georgia issued Manual Transmittal 71, updating its Medicaid Manual, making technical changes to the following sections.…

11 months ago