Question

In which of the following scenarios will repayment of funds take place per the Medicaid Estate Recovery Act?

a) The mother of a 10-year-old died after receiving 8 months of Medicaid payments
b) Before her death, a 23-year-old was living in a long-term nursing facility paid for with Medicaid funds
c) A Medicaid recipient is survived by his wife
d) The 22-year-old son of a Medicaid recipient is blind

Answer 1

Repayment of Medicaid funds under the Medicaid Estate Recovery Act is generally not pursued if the Medicaid recipient is survived by a dependent child under the age of 21, a child who is blind or permanently disabled, or a surviving spouse.

Step-by-step explanation:

According to the Medicaid Estate Recovery Act, repayment of funds typically occurs after the death of a Medicaid recipient. The specific circumstances for repayment depend on state law and individual circumstances, such as the recipient's age at the time of death, and the recipient's family situation. Repayment might not be pursued if:

• The Medicaid recipient is survived by a dependent child under the age of 21 or a child who is blind or permanently disabled.
• The Medicaid recipient has a surviving spouse.

Therefore, based on the information provided:

• a) Repayment is not pursued as the recipient is survived by a dependent child, who is under the age of 21.
• b) Recovery could occur since the recipient was in a long-term nursing facility, but considerations such as state law and other exemptions might apply.
• c) Recovery would not occur as the recipient has a surviving spouse.
• d) Recovery would not occur because the child is blind and therefore is considered a protected dependent.