Estate Recovery Rules
Georgia's Medicaid Estate Recovery Program, as defined in the Rules of the Georgia Department of Community Health, Medical Assistance, Chapter 111-3-8, began May 3, 2006.
Estate recovery is a program, required by federal law, whereby Medicaid members with qualified assets reimburse the taxpayers for long term care and home and community-based services provided through Medicaid. Funds are recovered from the member's estate, after death, for the cost of these services.
Important: No action to recover assets (including homes or property) will be taken while the member, member's spouse or qualified children are living in the home. Estates with a gross value of $25,000 or less are exempt from estate recovery.
To prevent substantial and unreasonable hardship, the Commissioner shall waive any claims against the first $25,000.00 of any estate subject to an Estate Recovery claim for the deceased Medicaid Member with a death date on or after July 1, 2018.
The Omnibus Budget Reconciliation Act (OBRA) of 1993 requires states to develop and implement an estate recovery program. Georgia is one of the last states in the United States to implement an estate recovery program.
Medicaid members who may be affected by estate recovery include:
- Members of any age who reside in a nursing facility, intermediate care facility for individual with intellectual disabilities, or other medical institution.
- Members who are age 55 or older and who receive nursing home or home and community-based services.
Individuals who apply for Medicaid and who may be subject to estate recovery will be advised of this program prior to determination as Medicaid eligible. Eligible members or their authorized representative will be asked to sign an acknowledgement form before receipt of Medicaid services.
Expenses incurred by Medicaid for any service provided in a long-term care facility or in the home, when provided as an alternative to institutionalization, will be subject to estate recovery. These services include nursing facility services, personal care services, home and community-based services, hospital services and prescription drug services.
The heirs may seek a hardship waiver from estate recovery if recovery of assets will show, through clear and convincing evidence, that such action subjects them to undue hardship.
For more information, contact Georgia's Medicaid Estate Recovery Office.
Because the office receives a large volume of inquires regarding Estate Recovery, questions or requests for information can also be sent by e-mail. Inquiries sent by e-mail will be responded to in the order of receipt.
Disclaimer: The information contained herein shall not constitute legal advice but should be used for informational purposes only.
- - Updated 06/09/23
- - Updated 10/19/17