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An additional problematic aspect of the estate recovery of non-LTCR expenses that was brought up was the unequal treatment of people below 138% of the FPL under the ACA, who get expanded Medicaid and are subject to estate recovery if they are 55 or older, and people just above 138% of the FPL, who get highly subsidized, very-low-net-cost, on ...
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 ...
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The Medicaid Estate Recovery Program allows Medicaid to seek recompense for a variety of costs, including: Expenses related to nursing home or other long-term care facility stays Home- and ...
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 ...
Some have criticized the state of Massachusetts related to the mandate because post-ACA, the state has kept Medicaid estate recovery [citation needed] regulations broader than the federally-required-minimum (long-term-care associated expenses) so that they recover from estates all medical expenses paid on behalf of Medicaid recipients age 55 ...
But it is subject to the estate recovery process for those who were over 55 and used Medicaid to pay for long-term care such as nursing home stays or in-home health care.
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]