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Pennsylvania’s Medicaid Estate Recovery Program

Did you receive a letter from the PA Department of Human Services Estate Recovery Program? They are looking for financial payback from the assets of a deceased loved one who passed away having received Medicaid long-term care benefits. You should not send this back without first speaking with our office.

Pennsylvania is required by federal law to operate an estate recovery program, seeking repayment of long-term care benefits from the probate estates of certain deceased recipients. However, there are several exceptions to estate recovery. We strongly recommend that you speak with our firm before you initiate communications with Pennsylvania’s Medical Assistance (Medicaid) Estate Recovery Program.

Gerhard & Gerhard can help you:

  • Make sure estate recovery even applies to your situation- some assets are exempt and not subject to the Medicaid payback.
  • Advocate on your behalf in cases where the Medicaid payback would cause undue hardship, requesting waiver or postponement as appropriate. We handle the paperwork and communications with Pennsylvania’s Estate Recovery Program.
  • Identify exceptions apply to surviving spouses, caregiver children, disabled children, family businesses.
  • Secure reimbursement for funds advanced funds to maintain a decedent’s home. In some cases we can help you purchase the home from the estate, legally.
  • If you are executor, we help you avoid personal liability by making sure you pay estate creditors in the statutory priority set forth by Pennsylvania law. We make sure you receive a fair and reasonable executor’s fee.

We have represented clients dealing with Pennsylvania’s Estate Recovery Program since it began in 1995. Attorney Robert C. Gerhard, III has written extensively on the topic and for more than two decades has taught continuing legal education classes about estate recovery with the program managers and lawyers for the PA Department of Human Services. We know the estate recovery rules and can be your guide to the best possible outcome.


Still unsure, need more direction?

We’ve been working with people just like you for years to put the right estate planning documents in place. Let us make the process easy, and help you feel confident about your and your family’s future.