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kgatz16 Asked September 2017

Does CA have estate recovery for Medicaid?

My mother lives in a module home in San Marcos CA and she is thinking about selling and moving back to MI at an independent living/assisted living arrangement. Back in 2005-2006 my father was in a nursing home with Alzheimers and passed away in November of 2006. He had some VA benefit, Medicaid and social security that paid for his care. He was living in the CA nursing facility for 18 months before he passed. Is my mother responsible once she sells her modular home to pay the state of CA back?

igloo572 Sep 2017
Kgatz - estate recovery has been a part of Medicaid since the 1990's. But pretty haphazardly done by states. Most didn't. Recovery for some states was zero. Then in 2005 Bush signed in DRA -deficit reduction act. DRA really codified & tightened up what states had to do in order to get the federal matching funds for Medicaid. Part of this was requiring all states to attempt a recovery action. MERP created.

However, UNTIL your state included DRA legislatively, MERP not required. Most states incorporated DRA 2008 -2010. I'd bet CA did DRA after your dad died in 2006. Find that out. I'd imagine you all are fine.

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