Estate recovery will not seek adjustment or recovery from the beneficiary's estate to the extent benefits were paid under the QLTCP policy. Department of Health and Human Resources Bureau for Medical Services When was the Medicaid Estate Recovery Law passed? DEPARTMENT OF PUBLIC WELFARE [55 PA. CODE CH. For individuals age 55 or older, states are required to seek recovery of payments from the individual's estate for nursing facility services, home and community-based services, and related hospital and prescription drug services. § §  9101—9507 (relating to the Uniform Commercial Code), have been taken to make the lien valid and enforceable against all third parties. (v)   Ownership interests in or usage rights to items not covered by subparagraphs (i)—(iv) that have unique religious, spiritual, traditional or cultural significance or rights that support subsistence or a traditional life style according to applicable Tribal law or custom. (4)  The Department is served with a copy of the final distribution order and paid all amounts that it is due. Estate Recovery Online Forms. (a)  A personal representative, transferee or family member adversely affected by a decision of the Department under this chapter may appeal to the Department’s Bureau of Hearing and Appeals in accordance with Chapter 275 (relating to appeal and fair hearing and administrative disqualification hearings), within 30 days of the date the affected person is notified of the decision. Pennsylvania’s estate recovery program has collected over $500,000,000 to date! Exempt items include: (i)   Interests in and income derived from Tribal land and other resources currently held in trust status and judgment funds from the Indian Claims Commission and the United States Claims Court. (c)  The certified mail receipt date, facsimile receipt date or the electronic mail receipt date verifies the receipt date of the notice from the personal representative. If the notice from the personal representative is mailed to the incorrect address, or does not otherwise fully comply with subsection (a), the response period shall be suspended until a fully complying notice is received. (iii)   Subsequent to a transfer from a nursing facility to a hospital. The Department of Public Welfare (Department), Office of Administration, proposes to add Chapter 258 (relating to MA estate recovery … For family members/executors that have questions related to estate recovery, please contact DHS Estate Recovery using the address, phone number, or email address listed below: Department of Human Services Estate Recovery Program P.O. These costs may be treated as expenses of administration of the estate. (i)  Waiver requests shall be submitted to the following address: Estate Recovery Program, Post Office Box 8486, Harrisburg, Pennsylvania 17105-8486. (3)  The court records show that any claim of the Department was presented to the court and paid, or that there were insufficient assets to pay the Department’s claim. (d)  The Bureau of Hearings and Appeals has concurrent jurisdiction with the courts of common pleas over disputes involving the computation of the Department’s claim or assessment of liability against a personal representative or transferee. 3888] Statutory Authority. § 3102). Postponement period—The period during which the Department will defer collection of its claim. • 55 Pa. Code §§258.1 to 258.14 Only Probate Assets • Non‐probate assets are not subject to estate recovery – Life insurance with named beneficiary – Trust assets – TOD, ITF, POD – Retirement accounts with named beneficiary • 20 Pa.C.S. The Pennsylvania Department of Human Services (hereinafter “DHS") operates an estate recovery program which seeks to recover certain payments made by the Commonwealth on behalf of medical assistance patients. Second, the state can recover from a Medicaid recipient’s probate estate. The founder of Sykes Elder Law, Andrew Sykes is recognized as a leading elder law authority in Western Pennsylvania. This section cited in 55 Pa. Code § 258.4 (relating to request for statement of claim). (f)  The Department’s claim is subject to collection at the end of the postponement period. (a)  The Department’s claim is entitled to priority under 20 Pa.C.S. “Administering an Estate in Pennsylvania: The Basics “ Lesley M. Mehalick, J.D., LL.M. Medicaid estate recovery activities are federally and state mandated. (a)  The Department will postpone collection of its claim until the last of one of the following occurs: (2)  The death of any child who is blind or totally and permanently disabled, as determined under the standards of the Supplemental Security Income (SSI) program in the Social Security Act. Box 8486 Harrisburg, PA 17105-8486 10 . §  1382. (iii)   Income left as a remainder in an estate derived from property protected in subparagraph (ii) that was either collected by a Native American Indian, or by a Tribe or Tribal organization and distributed to Native American Indians, as long as the individual can clearly trace it as coming from the protected property. An employee's use of the car is 75 percent business and 25 percent personal. Can the state file a lien against property during the lifetime of a person Alternatively, the administrator may employ private counsel. Medicaid spending for elderly recipients is even more heavily skewed toward those not on welfare. Defining the recovery process and identifying the damages is complicated. Classification and order of payment. (iv)   Ownership interests left as a remainder in an estate in rents, leases, royalties, or usage rights related to natural resources including extraction of natural resources or harvesting of timber, other plants and plant products, animals, fish and shellfish resulting from the exercise of Federally-protected rights, and income either collected by a Native American Indian, or by a Tribe or Tribal organization and distributed to Native American Indians derived from these sources as long as the individual can clearly trace it as coming from protected sources. Treasury also administers several programs that provide an opportunity for financial empowerment for families, … §  1603) to one or more relatives by blood, adoption or marriage, including Native American Indians not enrolled as member of a Tribe and non-Indians, such as spouses and stepchildren that their culture would nevertheless protect as family members; to a Tribe or Tribal organization; or to one or more Native American Indians. (b)  Premium payments and cost-sharing for decedents who were qualified Medicare beneficiaries shall be included in the statement of claim for the period of time the decedent received nursing facility services, home and community based services or related hospital and prescription drug services rendered on or after August 15, 1994. The Real Estate Recovery Fund is a fund established by the Real Estate Licensing and Registration Act to provide reimbursement to persons who are victims of fraud, misrepresentation, or deceit committed by real estate licensees during the course of any transaction for which a license is required. (2)  The person has no other alternative permanent residence. Generally speaking, an estate recovery program is intended to allow a state to seek payment from the estates of decedents who were receiving Medicaid or Medical Assistance during their lifetimes. (g)  A spouse, parent, child or sibling of the decedent who receives a postponement of collection in accordance with §  258.7 (relating to postponement of collection) is not precluded from receiving an undue hardship waiver if the criteria in subsection (b), (c), (e) or (f) are met. §  3392(6). These forms have been designed to assist law firms, estate administrators, and others to submit notice to the Department of Health Care Services pursuant to Probate Code Sections 215, 9202, and 19202. Fortunately, the laws of Pennsylvania permit “crisis” Medicaid planning for married and single Medicaid applicants. (d)  The Department will date the statements of claim. (g) The following special populations are exempt from estate recovery: (1) Certain income, resources and property of Native American Indians and Alaska Natives. §  3101 (relating to payments to family and funeral directors) is subordinate to reasonable funeral expenses and to those claims of creditors having priority over the Department under 20 Pa.C.S. Medi-Cal members or their authorized representative may submit a Request for Medi-Cal Expenses Subject to Estate Recovery, form DHCS 4017, once per calendar year for a five dollar ($5) processing fee if the current or former member meets either of the following descriptions: a. § 3101 (relating to payments to family and funeral directors), is subject to the Department's claim. Estate Recovery Online Forms. Medicaid Estate Recovery Fact Sheet (Nov. 2020) (378kb pdf) Contact Information If you have questions regarding estate recovery, call the Estate Recovery Unit at … Its effective date was October 1, 1993, which allowed the states time to adopt OBRA. No part of the information on this site may be reproduced for profit or sold for profit. (f)  The Department will find undue hardship and will permanently waive its claim for administered estates with a gross value of $2,400 or less, if there is an heir. (c) Annuities as described in rule 5160:1-3-05.3 of the Administrative Code. (b)  Property held by a decedent and another at the time of death as joint tenants with rights of survivorship, or as tenants by the entireties, is not subject to the Department’s claim. When someone passes away, everything that person owned becomes his or her estate. When determining whether a beneficiary stole from a deceased's estate, you should discuss your options on recovering these assets with a probate attorney or use an online service provider. The number one problem is inadequate gifting provisions. ESTATE RECOVERY What is estate recovery and how does it work? The transferee’s liability is limited to the difference between the fair market value of the property that was not protected and the amount of money received by the estate in exchange for the transfer, if any. You will want to verify the code in box 7 of your paper 1099-R matches that which was entered into the program. Estate Recovery State Medicaid programs must recover certain Medicaid benefits paid on behalf of a Medicaid enrollee. • No statutes or acts will be found at this website. (e)  A personal representative may extend the Department’s response period. This section cited in 55 Pa. Code §  258.4 (relating to request for statement of claim). (a)  The Department’s claim with respect to a decedent shall consist of the total of all MA payments made with respect to the decedent for nursing facility services, home and community based services and related hospital and prescription drug services rendered on or after August 15, 1994. ESTATE RECOVERY FOR MEDICAL SERVICES PAID FOR BY THE STATE PAGE 3 APRIL 2018 exemptions is found in Washington Administrative Code, section 182-527-2746(6).