Posts

New Year, New Estate Recovery Headaches

By Kathleen Rose Rodberg

By now most of you have heard about changes to North Carolina’s estate recovery program and may even have clients facing uncertainty in the wake of these changes.  This blog article will bring you up to speed on the developments so far and things to keep in mind while assisting with estate recovery cases.

Background

In 2017, North Carolina adopted an amendment to its State Medicaid Plan that changed waivers of estate recovery in certain cases, most notably when the recipient is survived by a spouse or disabled child, to a deferral.  State Plan Amendment 17-0005 was approved by the Center for Medicare & Medicaid Services on August 1, 2017.  Additional, but less substantive, edits were approved by State Plan Amendment 18-0002 approved on August 17, 2018.

Read more