Federal mandates also require the state to seek recovery against the estate of certain nursing facility clients who were 55 years of age or older when the care was received.
The estate consists of all real and personal property and other assets included in the member’s estate as defined by Oklahoma State Statutes. There are stringent time frames concerning when and how claims against an estate in probate are filed and paid. Timely updating of computer input forms indicating the death of the member is crucial to insure the OHCA’s ability to file timely against the estate.
On the Resource Tab, Interview Notebook in FACS, Blocks F207 (Medicaid estate recovery) & F208 (Medicaid estate recovery date) must be entered at each NH certification and each review. Block F208 is the date to indicate when the family composition was determined most recently (it can be a date after the client’s date of death).
Once the computer is updated indicating member’s death, a computer generated report is sent to OHCA Third Party Liability (TPL) serving as notification to initiate estate recovery.
Recovery can be accomplished in two ways: liens against real property or claims made against estates.
Once the lien is filed, it remains until the lien is cleared by selling the property and working with OKHCA/TPL for payment to clear the title. It should be done before the ownership of the property is changed.
Refer to article: Long Term Care (LTC): Home Property Liens for Nursing Facility Client
An Estate Recovery can be made ONLY:
- After the death of the individual’s spouse, if any
- When there are no surviving children age 20 or less
- When there are no surviving disabled children of any age
Undue hardship waivers may be granted for estate recovery.
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