|
Recovering
Medicaid Costs from Estates and Trusts
Estate
Recovery
The
State of Utah may, after the death of the recipient, recover
funds from a Medicaid recipient's estate or from any trust
in which the recipient is a grantor and beneficiary. A recipient
agrees to Estate Recovery when signing the application for
Medicaid.
Recovery
can only be made if, at the time of death, there was no
surviving spouse or child under the age of 21, or child
who is blind or permanently and totally disabled.
Recovery
is limited to the amount of Medical assistance provided
for the benefit of the recipient when the recipient was
55 years of age or older.
Common
questions are listed below.
If my home is exempt for eligibility, will it also be exempt
from Estate Recovery?
No,
while your home may be exempt for purposes of determining
Medicaid eligibility, it will not be exempt from Estate
Recovery. However, recovery takes place only after the death
of the recipient with the restrictions listed above.
How
does the state determine if a child is blind or permanently
and totally disabled?
A
determination of disability by the Social Security Administration
or the Utah State Medical Review Board is the only criteria
used to prove a claim of disability.
How
does the State of Utah proceed with Estate Recovery?
The
Office of Recovery Services (ORS), Bureau of Medical Collections,
initiates the Estate Recovery process after the death of
the recipient.
-
ORS contacts a representative of the heirs after the
death of the recipient.
-
ORS may record a lien against real property of a
deceased recipient for purposes of Estate Recovery.
-
ORS may file a claim with the probate court for the
amount of the medical assistance provided.
-
Utah Code 26-19-13.5 provides the authority for the
state to recover from the estate or trust of a deceased
Medicaid recipient.
For
more information, please contact the Office
of Recovery Services.
|
