The Law

The Department will seek recovery from the estate of a deceased client only if the following conditions are met:

1. The deceased client was 55 years or older when medical assistance was provided; AND
2. The deceased client was not survived by a spouse.

However, if the deceased client was survived by a child under 21 years of age or by a child of any age who is on SSI, the Department will NOT seek recovery.

The Department will also seek recovery if a deceased client of any age was in a nursing home, a hospital, or mental institution and at the time of entry into the facility or the time of Medicaid application, the client was not expected to return home.

(Rev. October 1, 1995)