An estate being sued by Medicad

If a person goes into a nursing home and medicaid is applied for, but the resident passes away before the medicaid is approved, is it true that the persons estate can be sued?


Also if the deceased person had a house and left it to a child without a deed and the child has been living in the home can the home be taken away from the child even if the home was not in the persons name that passed but the ex spouse whom has signed over everything to that child?

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Apr 08, 2011
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No recovery if no medicaid paid
by: Gabriel Heiser

If a person never received Medicaid, his or her estate cannot be sued by the state, since the state never paid out any benefits on behalf of that person.

As to your second question, upon a Medicaid recipient's death, the state must file a claim to be reimbursed for its Medicaid payments. All states must at least file a claim against the deceased recipient's probate estate, but many states can expand their reach beyond that. If there is a surviving spouse living in the house, states must wait until after the spouse's death to file their claim, and some states will not file a claim at all if there is a surviving spouse.

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