Medicaid Estate Recovery in Louisiana

Medicaid Estate Recovery in Louisiana: key facts

Recovery scope

Long-term care, home and community-based services (including PACE), and related hospital and prescription drug services paid by Medicaid for a recipient age 55 or older.

Claim priority

A privilege on the succession estate ranking equal to the expense of last illness (La. Civ. Code art. 3252 et seq.). The claim does not accrue interest.

Recovery deferred or exempt

Deferred while a surviving spouse is living. Exempt if the decedent left a surviving child who is under 21, or a surviving child who is blind or disabled as defined by the Social Security Administration.

Hardship waiver

Recovery is waived for a first-degree heir (child of the decedent) whose family income was 300 percent or less of the Federal Poverty Income Level the year preceding the decedent's death. It may be waived where a child of the decedent uses the homestead as a means of livelihood, where recovery would make a child eligible for public assistance, or on other verified circumstances LDH approves.

Statutory recovery floor

The Department may not institute estate recovery on the first $15,000, or one-half the median value of the homestead in the parish, whichever is higher. It also may not recover where the amount is economically inappropriate in relation to the expense of recovery (La. R.S. 46:153.4(E)).

Governing law: La. R.S. 46:153.4; La. Admin. Code Title 50, Part I, Subpart 9 (Recovery)

Frequently asked questions