Medicaid related in CA
Estate Recovery Unit
The Estate Recovery (ER) Unit recovers Medi-Cal expenditures from the estates of certain deceased Medi-Cal beneficiaries for services received on or after the individual’s 55th birthday. The States claim is limited to the fair market value of the decedent's assets at the time of death less any encumbrances, or the amount of medical services paid by Medi-Cal, whichever is less. Both state and federal laws require reimbursement of Medi-Cal costs from the estates of deceased Medi-Cal beneficiaries, or from anyone receiving assets after the death, unless specific exemptions or other limitations apply. These funds are then recycled back into the program to assist in the care of other medically needy individuals. No repayment is normally due until after the beneficiary’s death.
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The Department’s ultimate collection is limited to the value of the decedent’s assets or the amount of Medi-Cal costs paid on behalf of the deceased Medi-Cal beneficiary, whichever is less.
The authority for the Estate Recovery program can be found in Title 42 of the United States Code (USC), Section 1396p; Welfare and Institutions (W&I) Code, Section 14009.5 and in the Probate Code, Sections 215, 9202 and 19202.
http://www.dhs.ca.gov/mcs/psd/TPL/recoverysec.htm#Estate%20Recovery%20Unit