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Make the Children Pay?

One writer recently speculated that states could begin looking to children to pay for the Nursing Home and other medical expenses incurred by their parents and paid by Medicaid.  Article here.  Specifically, the suggestion is that Miss. Code Ann. Sec. 43-31-25 be used to require reimbursement from children for the nursing home or other Medicaid expenses of the parent.  While such a cost recovery scheme may be tempting to cash strapped Mississippi, it would also be illegal.  Federal Medicaid law prohibits states from seeking reimbursement from children for Medicaid expenditures.  The law requires the state, however, to seek recovery of those expenses from the estate of the Medicaid beneficiary.  This is known as "Estate Recovery."  So, parents receiving Medicaid benefits who wish to pass down some legacy to their children must do some pre-planning if they wish to protect some of their assets from forfeiture to Medicaid.  If you have questions about how estate recovery can effect your family, feel free to email me or schedule an appointment. 

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