ACA Expanded Medicaid-Asset Recovery

Professor Naomi Cahn (Harold H. Greene Professor of Law GWU Law School) and loyal blog reader  (thanks Naomi) sent me a link to an article, Little-known aspect of Medicaid now causing people to avoid coverage,  in the January 23rd Washington Post.  As the title reflects, “asset recovery” under expanded Medicaid is causing some folks who would otherwise be eligible to forego sign-up.  Estate recovery is nothing new to those of us who teach in elder law, but as the article notes “[a]sset recovery predates the health-care law, but the legislation makes it apply to a larger pool of people.”  As a response, Oregon has limited “asset recovery” just to “long-term care.” According to the article, some experts are asking the administration to resolve this matter “that new Medicaid recipients nationally should not be subject to asset recovery.” 

The article offers “[s]till, when it comes to something as central to middle-class identity as a home and what people can pass on to their heirs, it is perhaps not surprising that some people are not taking any chances.”