Arizona Long Term Care System (ALTCS) is now imposing “post-death liens” on real property – expanding its current post-death recovery rights against real property owned by ALTCS members. When an ALTCS recipient dies, AHCCCS has had a long-time right to an estate recovery claim against the decedent’s assets which pass through probate. Now, upon an ALTCS member’s passing, AHCCCS may also impose a post-death lien secure the real property for recovery of medical assistance paid on behalf of the member.

Note, this “post-death lien” is different from the original TEFRA Lien allowed under federal law to be imposed during the ALTCS member’s lifetime if the ALTCS member resided in skilled nursing medical facility paid by ALTCS for more than 90 days.

For more detailed general information about AHCCCS’ Estate Recovery Program, check out https://www.azahcccs.gov/Members/Downloads/Publications/DE-810_english.pdf

If you are concerned about how this new “post-death lien” process or other estate recovery rights may impact your real property, contact us today at 480-922-1010 or info@bivenslaw.com to schedule your consultation.