Estate Recovery

Overview of what estate recovery is:

• a federal law imposed on anyone who enrolls into Medicaid in any state
• a way for the government to recover some or all of the money that it pays for health care to those on Medicaid

Single-Payer. Estate recovery would not apply when the U.S. implements single-payer. People would simply receive care and not have to worry about the related finances nor would they hire a lawyer to attempt to protect their assets.

Congress’ Plan. Estate recovery would be forced on millions of people who might have otherwise gone without insurance. Why? Because the Congress’ plan is that millions more Americans have health insurance. That would be accomplished by expanding Medicaid and implementing premium assistance (subsidies). Those forced into Medicaid will, due to the federal law, also be forced into estate recovery. Their estates will be partly or fully taken over by the federal or state government when they die.

Estate Recovery is a Federal Requirement

Highlights of the 1993 Estate Recovery Mandate: from www.hhs.gov

• States must pursue recovering costs for medical assistance consisting of:

  • Nursing home or other long-term institutional services;
  • Home- and community-based services;
  • Hospital and prescription drug services provided while the recipient was receiving nursing facility or home- and community-based services;
  • At State option, any other items covered by the Medicaid State Plan.

• At a minimum, states must recover from assets that pass through probate (which is governed by state law). At a maximum, states may recover any assets of the deceased recipient.