Medicaid Estate Recovery in Virginia

Medicaid Estate Recovery in Virginia: key facts

Recovery scope

Medical assistance paid for a recipient who was age 55 or older when the assistance was received, consistent with the State Plan for Medical Assistance.

Estate reached

Under 12VAC30-20-141, "estate" includes all real and personal property held by the individual at death and any other property in which the individual had any legal title or interest at the time of death — broader than the probate estate alone.

Recovery deferred

While a surviving spouse is living, or while there is a surviving child under 21 or a blind or permanently and totally disabled child of any age.

Hardship waiver

DMAS may waive recovery for undue hardship — for example, where the estate is a modest home, family farm, or sole income-producing asset of the heirs. Medicare cost-sharing for dual-eligible recipients (premiums, deductibles, coinsurance) dated January 1, 2010 or later is not recovered.

Frequently asked questions