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States may not recover from the estate of a deceased Medicaid enrollee who is survived by a spouse or a child who is under 21, blind, or disabled. States are also required to establish procedures for waiving estate recovery when recovery would cause an undue hardship. [3]
What Medicaid Estate Recovery Means for Heirs. ... If you’re targeted for estate recovery, you may be able to avoid it if you can prove that it would cause you an undue financial hardship. Again ...
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Federal law will also provide an exception if the size of the Medicaid claim or estate is too small to be worth pursuing, or if estate recovery would cause undue hardship (this is where states ...
An undue hardship is an American legal term referring to special or specified circumstances that partially or fully exempt a person or organization from performance of a legal obligation so as to avoid an unreasonable or disproportionate burden or obstacle. [1] [2] [3]
In the United States, Medicaid is a government program that provides health insurance for adults and children with limited income and resources. The program is partially funded and primarily managed by state governments, which also have wide latitude in determining eligibility and benefits, but the federal government sets baseline standards for state Medicaid programs and provides a ...
Medicaid is a government program that can help eligible seniors pay for nursing home care. If you’re helping an aging parent navigate Medicaid because they don’t have long-term care insurance ...
State policies around this recovery process vary widely, according to a 2021 report from the Medicaid and CHIP Payment and Access Commission, which makes policy recommendations to Congress.