Michigan Estate Recovery

Confused about Estate Recovery in Michigan? Apparently, so is the State of Michigan.

After several years of thumbing its nose at CMA, the State of Michigan finally adopted an estate recovery program. The legislature enacted law requiring estate recovery for long term care Medicaid recipients. The end result is that estate recovery will effect any nursing home recipient who received benefits prior to May of 2011. Although estate recovery was not formally accepted as a regulation within the state’s Medicaid system until July 2011, it is apparent that the State implemented the new law effective May of 2011.

Even more confusing than the effective date of the new law, its implementation is even more puzzling. The State has contracted with an outside agency, HMS, to collect debts from the estates of Medicaid recipients. The forms and procedures used by HMS are confusing to everyone, including attorneys and the agency itself.

Despite the confusion, it is clear that, in its current form, estate recovery in Michigan, only applies to Medicaid recipients that pass away leaving an estate to probate.

If you are a current long term care Medicaid recipient, or the family member of a Medicaid recipient and have questions, please call (586) 264-3756 to discuss your options.

Our firm has the knowledge and experience to assist you with Medicaid planning.