Is This the Beginning of the End to Medicaid Estate Recovery?

Yesterday, March 6, 2024 legislation was introduced to end the federal mandate that requires state Medicaid programs to go after families and estates for repayment of Medicaid long-term care services. For all the details you can check the link below:

https://schakowsky.house.gov/media/press-releases/schakowsky-introduces-legislation-protect-families-medicaid-recipients

In Arizona, AHCCCS uses both the TEFRA Lien and Estate Recovery laws to recoup costs of care paid for persons receiving Arizona Long Term Care System (ALTCS) benefits. We routinely help families with proper planning to avoid TEFRA Liens and/or Estate Recovery claims when possible. We know first-hand, it would be a welcome relief for families to not have to worry about the potential of Medicaid recovery against the family home or other assets. We will certainly track the path of this Bill and keep everyone updated, if passed.

If you or a loved one is receiving ALTCS benefits or will be applying for ALTCS benefits and owns a home, it is vital that you receive proper legal advice regarding TEFRA Lien and Estate Recovery rules to protect the real property against future Medicaid claims. Call us today at 480-922-1010 or email info@bivenslaw.com to schedule your consultation. Every situation is different; get the right advice for your unique circumstances.