Title XIX funded medical assistance includes Medicaid and various waiver programs, including the Medically Needy Program and the Elderly Waiver Program.
Federal law requires states to have an estate recovery program.
Or if there is an offspring who has a disability or is blind, or is under the age of 21, Or if collection of the debt would cause undue hardship. If the debt is waived because there is a surviving spouse, or because there is an offspring who has a disability or is blind, the repayment would be due at the time of that person's death, to the extent that he or she had inherited from the medical assistance recipient. If the debt is waived because there is an offspring under the age of 21, the debt would be due at the time he or she reached the age of 21 to the extent that he or she had inherited from the medical assistance recipient. For the purposes of the Estate Recovery Program, an estate includes any property, bank accounts, excess funds in a burial trust, or other assets in which the individual had any legal title or interest, including but not limited to jointly held property and interests in trusts, including life estates . An estate does not need to be probated in order for repayment to be made.