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) whose family income was 300 percent or less of the federal poverty level the year before the decedent died, and may be waived where recovery would jeopardize an heir who uses the homestead as a livelihood or would force an heir onto public assistance.

Frequently asked questions