The Medicaid Payback: Pennsylvania’s Medical Assistance Estate Recovery Program
What follows is an updated version of an article that was authored by Attorney Gerhard and previously published in the Pennsylvania Bar Association’s law journal, the Pennsylvania Bar Association Quarterly.
By ROBERT C. GERHARD III, Esquire, CELA*
This article discusses Pennsylvania’s estate recovery program in detail. Federal law requires each state to operate an estate recovery program that seeks repayment from the estates of deceased recipients of Medicaid long-term care benefits. Most of our clients refer to this program as “the Medicaid payback.” Pennsylvania complied with this federal mandate by passing Act 49 of 1994, Section 1412, 62 Pa. C.S. §1412. Pennsylvania’s estate recovery program has collected over $374,000,000 to date. Most of the recoveries are from the sale of the homes of deceased nursing home residents, but the estate recovery program seeks payback from probate estates that exceed $2,400. There are several exceptions to the estate recovery payback.
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