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New York recovers Medicaid medical assistance from the estate of a deceased recipient who was age 55 or older when it was paid, or who was permanently institutionalized. Since December 6, 2011, recovery reaches only the probate estate — assets passing outside probate are no longer counted.
Administering agency
New York State Office of the Medicaid Inspector General (OMIG) — Estate Recovery
Authority
N.Y. Soc. Serv. Law 369; 18 NYCRR 360-7.11
No. New York recovers only from the probate estate. The expanded estate definition that reached jointly held property, life estates, and living trusts expired December 6, 2011, and districts must not include assets passing outside probate.
Recovery is deferred while there is a surviving spouse, a surviving child under 21, or a surviving child of any age who is certified blind or disabled. Medicaid recovers correctly paid benefits only after these deferral circumstances no longer apply.
When someone dies
4-step process for New York State Office of the Medicaid Inspector General (OMIG) — Estate Recovery.
View details →Administering agency
New York State Office of the Medicaid Inspector General (OMIG) — Estate Recovery
Authority
N.Y. Soc. Serv. Law 369; 18 NYCRR 360-7.11