How long does Medicaid have to bill an estate for reimbursement of expenses?

UPDATED: Jul 8, 2011

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How long does Medicaid have to bill an estate for reimbursement of expenses?

My mother was on medicaid around 4 years ago and recently passed away. Medicaid just sent the estate a bill for $15K. Do we have to repay it?

Asked on July 8, 2011 under Estate Planning, New York


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Section 1917 in the Federal law covers the concept of reimbursement of certain Medicaid expenses. Every state is I believe required to have some sort of estate recovery plan. In New York, the law is clear. Medicaid can obtain a lien on the property almost immediately once the individual passes. There are certain limitations but generally speaking Medicaid tends to have priority over other liens. You most certainly have to have the estate repay it. There are limited circumstances wherein Medicaid won't pursue but it appears in this situation it is already expecting payment.

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