Medicaid Estate Recovery in Michigan

Medicaid Estate Recovery in Michigan: key facts

Who is subject

Beneficiaries who were 55 or older and received long-term care services on or after September 30, 2007.

What is recovered

Property that passes from the deceased to heirs through a probate proceeding. If a long-term care partnership policy asset disregard was used, recovery applies to assets whether or not they are subject to probate. "Estate" is defined in MCL 400.112h.

Recovery deferred

While a surviving spouse is living, while a child under 21 is living, or while a child of any age who is blind or permanently disabled is living. Certain Medicare cost-sharing benefits are exempt.

Undue hardship waiver

May apply where the estate is the limited-income primary income-producing asset of survivors (such as a family farm or business) or a home of modest value (worth less than 50% of the county average home price), subject to a means test. No hardship is presumed where assets were diverted to avoid recovery (MCL 400.112g(3)(e)(iii)).

Frequently asked questions