States Vary on Estate Recovery of Medicaid payments

From the Fort Wayne (IN) Journal Gazette:

In an act of defiance, West Virginia suedthe federal government over a 1993 law requiring states to recoverMedicaid expenses by harvesting the estates of recipients who die.

The state lost.

Begrudgingly, West Virginia has started seeking repayments sincethat 2002 ruling. Michigan still has no recovery program, however, andGeorgia and Texas are beginning programs, a testament to the emotionsand politics that surround the issue.

Although the majority of states, including Indiana, have stepped upefforts to recoup expenses since the feds made it a requirement 12years ago, a new survey has found the states have recovered only afraction of the vast amounts the governments spend on long-termMedicaid care, and they differ significantly in what assets they pursue.

The survey was conducted last year and released last month by theAmerican Bar Association and AARP, an organization representing seniors.

ABA’s Commission on Law & Aging provides access to the full report.