The Pollan Law Firm
In Atlanta, The Pollan Law Firm offers first-hand guidance in elder care law, Medicaid and special-needs planning.
Call Today (678) 235-9317
Menu / Navigate

Understanding estate recovery under Medicaid

Georgians who receive Medicaid are often extremely thankful for the financial assistance. However, they are often surprised and saddened when they learn that their home and assets may be subject to Medicaid Estate Recovery after they die. This program was enacted by the Georgia legislature in 2006 pursuant the requirement in the federal Omnibus Budget Reconciliation Act of 2003. The federal statute requires the states to enact laws allowing for the recovery of money paid out of Medicaid for long term care and home and community-based care paid for by Medicaid.

The program can affect persons of any age who reside in a nursing facility, intermediate care facility or other medical institution. Persons older than 55 who receive nursing home care or community-based services may also find that they are subject to estate recovery. The state government is required to provide notice of potential liability for estate recovery when an individual first applies for Medicaid assistance.

The government can claim reimbursement for any service provided in a long-term care facility or in the person's home if the care was provided as an alternative to institutionalization. The services include nursing services, personal care services, home and community-based services, hospital services and prescription drug services. The government cannot seek estate recovery as long as the member, the member's spouse or any family members reside in the home. Also, estates less than $25,000 in value are exempt from estate recovery.

Many people who have received Medicaid benefits have found the advice of an attorney knowledgeable about estate recovery very helpful in either avoiding estate recovery altogether or reducing the amount that the state can recover.

No Comments

Leave a comment
Comment Information

Request A Courtesy 15 Minute Phone Consultation

The Pollan Law Firm
1801 Peachtree Street NE
Suite 125
Atlanta, GA 30309

Phone: 678-235-9317
Map & Directions

Learn How We Can Help

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Back to Top
Review Us
Avvo - Rate your Lawyer. Get Free Legal Advice.
10.0David Paul Pollan