Estate Recovery Program Begins May 1, 2006
Thursday, July 27
- Organization: Georgia’s Medicaid Estate Recovery Office
Georgia’s Medicaid Estate Recovery Program, as defined in the Rules of Department of Community Health Medical Assistance Chapter 111-3-8 will begin May 1, 2006. Estate recovery is a program, mandated by federal law, whereby Medicaid members with qualified assets reimburse the taxpayers for long term care and home and community based services provided through Medicaid. Funds are recovered from the member’s estate, after death, for the cost of these services.
The Omnibus Budget Reconciliation Act (OBRA) of 1993 requires states to develop and implement an estate recovery program. Georgia is one of the last states in the United States to implement an estate recovery program.
Medicaid members who may be affected by estate recovery include:
- Members of any age who reside in a nursing facility, intermediate care facility for the mentally retarded, or other medical institution and have been determined permanently institutionalized.
- Members who are age 55 or older and who receive nursing home or home and community-based services.
Current members who qualify for estate recovery have until March 31, 2006 to “opt out” and not be subject to estate recovery. To “opt out” of the Medicaid program, contact your local DFCS office to notify them of your desire to withdraw from the Medicaid program. Individuals who apply for Medicaid and who may be subject to estate recovery will be advised of this program prior to determination as Medicaid eligible.
Expenses incurred by Medicaid on or after August 1, 2001, for any service provided in a long-term care facility or in the home, when provided as an alternative to institutionalization. These services include nursing facility services, personal care services, home and community-based services, hospital services and prescription drug services.
The heirs may seek a hardship waiver from estate recovery if recovery of assets will show, through clear and convincing evidence, that such action subjects them to undue hardship.
For more information, contact Georgia’s Medicaid Estate Recovery Office at 770-916-0328.
Frequently Asked Questions
Official Notice of Georgia Medicaid Estate Recovery Program
Helpful Links
