E. DMA-5051, Your Estate May be Subject to Medicaid Recovery, is revised to reflect current Estate Recovery notification procedures. The notification applies to individuals under age 55 applying for Long Term Care.
F. DMA-5052, Your Estate is Subject to Medicaid Recovery, is revised to reflect current Estate Recovery notification procedures. The notification applies to individuals age 55 and over in all aid programs including Work First (WFFA) and Special Assistance (SA).
Manual: Family and Children’s Medicaid
Change No: 14-10
To: County Directors of Social Services
The Omnibus Budget Reconciliation Act of 1993 mandates that the state recover certain Medicaid payment from estates of deceased Medicaid recipients. In July 1994, the North Carolina General Assembly passed G.S. 108A-70.5 to implement an estate recovery program effective October 1, 1994.
Effective 11/01/2010, a new policy section is added to the Family and Children’s Medicaid Manual regarding Estate Recovery. This change includes policy and procedures from DMA Administrative Letter No. 23-96 issued May 3, 1996 and all subsequent addenda; DMA Administrative Letter No. 12-03 issued October 22, 2002 and Administrative Letter No. 09-05 issued May 2, 2005. These administrative letters are obsolete by this change notice.
New Manual section MA-3326, Estate Recovery, implements policy mandated by North Carolina General Assembly G.S. 108A-70.5. The new manual section consists of the following policy and procedures.
Please note: the DMA-5053, Your Estate is Subject to Medicaid Recovery, has not been revised. The DMA-5053 continues to serve as a notification to individuals under age 55 residing in a medical facility on a permanent or indefinite basis.
This policy is effective 11/01/2010.
Insert new manual section, MA-3326, Estate Recovery.
If you have any questions, please contact your Medicaid Program Representative.
Craigan L. Gray, MD, MBA, JD
(This material was research and written by Ena Lightbourne, Policy Consultant, Medicaid Eligibility Unit)
For questions or clarification on any of the policy contained in these manuals, please contact your local county office.