State of Texas Health and Human Services Commission (HHSC) Launches Medicaid Estate Recovery Program

State of Texas Launches Medicaid Estate Recovery Program to recover the cost of long-term care provided to Medicare recipients. In order to recover it's cost of providing long-term care -including nursing home fees, hospital care, and medicine costs -State of Texas can now go after anything in Decedent’s estate considered to be part of the probate estate including homes, property, and cash.

Even though this new provision allows the State of Texas to file a claim against the decedent’s estate in order to recover the cost of long-term care, there are several limitation and exemptions incorporated as well. For example, the State of Texas is now permitted to make a claim against a decedent’s estate if the spouse is still living, and there is a homestead exemption as well. Similarly, those who are already receiving long-term care through Medicaid (as on September 1, 2004) are also automatically exempt from such recovery.

Considering the many intricacies of this new regulation, Texas seniors are better off consulting with a competent attorney and have their Advance directives, Estate planning, Guardianships, Medicaid planning, Power of Attorney, Probate, Special Needs Trusts, and Wills related paperwork reexamined, and updated if deemed necessary.