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1. What is the
Medical Assistance Estate Recovery Program?
Established under a new federal law, this program requires the Department
of Public Welfare to recover the Medical Assistance (MA) costs paid to
certain individuals who have died. If an individual 55 or older was
receiving MA benefits and dies, the department will reimburse the Medical
Assistance program by recovering these costs from the assets of the
person's probate estate. A probate estate exists when a person dies and
his or her assets are distributed by will or by state law.
2. Who is affected?
Only individuals age 55 and older who were receiving MA benefits for the
following services:
• Public or private nursing facility care;
• Residential care at home or in a community setting; and
• Any hospital care and prescription drug services provided while
receiving nursing facility care or residential care at home or in a
community setting.
3. When will the program take effect?
Estate recovery began with MA services paid on or after August 15, 1994.
No recovery will be made from the estates of individuals who died before
August 15, 1994.
4. What property is subject to estate recovery?
Any property that is part of the recipient's probate estate will be
subject to estate recovery. Again, a probate estate exists when a person
dies and the assets of the deceased are distributed by will or by state
law.
5. What happens if the spouse or dependent child is still living?
If the spouse is still living and the estate is being passed on without
probate, there is no recovery. If there is a dependent child - under age
21, blind or disabled - still living, recovery will be delayed until the
child reaches age 21 or is no longer disabled.
6. Are there any exceptions to estate recovery?
If estate recovery would cause undue hardship to the surviving family, the
executor or estate administrator may request a waiver by writing to :
Estate Recovery Program
P.O. Box 8486
Harrisburg, PA 17105-8486
For additional information, please call 1-800-528-3708
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