Medicaid recovery simply refers to the state’s authority to seize financial resources and assets of an individual who has used Medicaid health insurance for a medical condition, or been a resident at a medical treatment or nursing facility. While many recipients of Medicaid benefits are excluded based on a lack of financial assets and other extenuating circumstances such as minor children at home or co-ownership of an otherwise eligible property for seizure, there are still many individuals in every state who may fall victim to this authority retained in the Affordable Care Act.

The truth is that Medicaid recovery has been a part of the health laws since the introduction of the Medicaid program. States have just not been eager to utilize the authority in every situation, but the Deficit Reduction Act mandate has now put a new focus on Medicaid recovery by the states. Many Medicaid recipients also receive Supplemental Security Income, even though they own a clear deed to a home. It is very important for a Medicaid recipient to understand what property may be vulnerable, and then take steps to protect the asset. Discussing the situation with an attorney who is experienced in dealing with defending against Medicaid recovery is always a sound decision.

While SSI is a needs-based income program for the disabled who have not qualified for regular Social Security Disability Insurance, recipients are allowed within the asset rules to own one home of any value, as well as a vehicle of a designated amount. However, when an individual dies after receiving Medicaid benefits, the residence is subject to government confiscation in some instances. In addition, any finances held in trust or property of the estate of a decedent can also be confiscated in an attempt to recover expenses associated with Medicaid benefits for that particular individual.

Any individual in the state of Washington who is facing a potential asset confiscation stemming from Medicaid program participation should contact the law offices of Dan Kellogg at (425) 227-8700 for a full case evaluation. Attorney Dan Kellogg focuses his legal practice on helping individuals protect family assets that have the potential of being seized by governments or financial institutions, as well as family estate planning, and will work diligently to protect all of the client’s legal rights and options. Call or click today if you have property that may be vulnerable to Medicaid recovery.