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Mom is 96 and has been on Medicaid for over ten years. When she dies will the state get her house?

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Chuck - you my dear may be the luckiest person for Texas MERP - Medicaid Estate Recovery Program. Do you know exactly when she went onto Medicaid?

The date is going to be critically important because if her Medicaid was BEFORE March 1, 2005 then all the current rules & regulations on MERP Texas does NOT apply. Her estate is totally in the clear for any MERP recovery to happen. MERP got codified in the TAC - Texas Administrative Code on 3/1/2005 and only since then has it been included as an "acknowledgement of participation" for those applying for Medicaid. So say Feb, 2005 enrolled in Medicaid, no MERP as it was not in the application for her to be in compliance for as it pertains to her house but if the application & enrollment was March, 2005 then MERP can proceed.

Find out and then post on this as to what's what. If it's since March 1, 2005, there will be a set of steps & responses that will happen that your need to be aware of.
Good luck, I'm keeping my fingers crossed that it's before 3/1/05!
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Yes, MERP will take the entire house if the bill for her care is more than the value of the house. That is federal law.
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Most likely they will take the proceeds from the sale of the house. There are some exceptions, but generally the state has an obligation to mitigate the taxpayer burden by recovering their costs out of the estate of the recipient. Usually the only asset is the house.

Is Mom still living in the house? Has a family member been living with her there and taking care of her, thus preventing her from going into a nursing home? If this applies, or you think there are other circumstances that might make the house exempt, discuss it with an attorney specializing in Elder Law.
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