Question: How Do I Avoid Medicaid Estate Recovery?

Does Medicaid have to be paid back after death?

Medicaid will often pay for nursing home care even for those who have assets that could be used to pay for care.

But after the person’s death, the state Medicaid program can try to collect medical costs from the deceased person’s estate.

This is called “estate recovery.”

Can Medicaid Take Your Assets?

Assets You Can Have and Still Qualify for Medicaid. Medicaid is a joint federal and state program that helps people with limited income and few assets cover health care costs. Generally, though, the government considers certain assets (usually up to a specific allowable amount) to be exempt.

Does Medicare have estate recovery?

Answer: Medicare does not have a right to recover from the estate unless your mother or her estate has filed a claim against another party for injuries sustained as a result of their wrongdoing and received a settlement.

What is the 5 year rule for Medicaid?

When you apply for Medicaid, any gifts or transfers of assets made within five years (60 months) of the date of application are subject to penalties. Any gifts or transfers of assets made greater than 5 years of the date of application are not subject to penalties.