Long term care services include nursing home services and Medicaid community-based waiver services. To recover some of that money to provide services for other Medicaid recipients, Congress and the State Legislature passed the Estate Recovery Program laws. Those laws are designed to recover from the assets of those who received benefits from the Medicaid program. Recovery is made when a recipient and the recipient's dependents no longer need those assets. Medicaid recipients of any age who live in nursing homes may have the cost of all benefits recovered that were received while they lived in a nursing home on or after October 1, 1991.
Recovery is made by filing claims in estates and by filing liens against homes.
Institutionalized recipients are recipients who have been, or are expected to be, inpatients in a hospital for 30 or more days, and who are required to pay their monthly income toward their cost of care. Medicaid recipients age 55 or older may have only specific benefits recovered that were received while they lived in the community. Home health aide services. Private duty nursing services. Additionally, personal care services received on or after April 1, 2000.