The Medicaid Estate Recovery Program (MERP) is a program in Texas that is designed to recover Medicaid funds that were used to pay for long-term care services for Medicaid beneficiaries. Here is a detailed overview of how the MERP works in Texas:
- What is the Medicaid Estate Recovery Program? The MERP is a program that is administered by the Texas Health and Human Services Commission (HHSC). It is designed to recover Medicaid funds that were used to pay for long-term care services for Medicaid beneficiaries. These services include nursing home care, home and community-based services, and hospice care.
- Who is eligible for the Medicaid Estate Recovery Program? The MERP applies to Medicaid beneficiaries who are 55 years of age or older and receive long-term care services through Medicaid. It does not apply to Medicaid beneficiaries who receive only short-term or acute care services.
- How does the Medicaid Estate Recovery Program work? The MERP works by placing a lien on the property of a Medicaid beneficiary who received long-term care services through Medicaid. This lien is used to recover the Medicaid funds that were paid for the beneficiary’s long-term care services. The lien is placed on the beneficiary’s property at the time they begin receiving long-term care services.
- What types of property are subject to the Medicaid Estate Recovery Program? The MERP can place a lien on any type of real property that is owned by the Medicaid beneficiary, including their home, land, and rental property. The MERP can also place a lien on any personal property that is owned by the Medicaid beneficiary, such as jewelry, vehicles, and other assets.
- Can the Medicaid Estate Recovery Program be waived? In some cases, the MERP may be waived if the Medicaid beneficiary has a spouse, minor child, or disabled child who is living in the home. In these cases, the MERP may agree to postpone the lien until the spouse, minor child, or disabled child no longer lives in the home.
- What happens if the Medicaid Estate Recovery Program is not waived? If the MERP is not waived, the lien will remain on the property until the Medicaid beneficiary’s death. At that time, the HHSC will take steps to recover the Medicaid funds that were used to pay for the beneficiary’s long-term care services. This may involve selling the property or collecting payment from the beneficiary’s estate.
- How can I prepare for the Medicaid Estate Recovery Program? If you are a Medicaid beneficiary who is receiving long-term care services, it is a good idea to discuss the MERP with your family and your attorney. You may want to consider setting up a trust or transferring property to your family members to help protect your assets from the MERP.
- Can I appeal the Medicaid Estate Recovery Program? If you believe that the MERP has placed a lien on your property in error, you may be able to appeal the decision. You can contact the HHSC to request an administrative hearing or to request a waiver of the lien.
- How can I find out more about the Medicaid Estate Recovery Program? If you have questions about the MERP or how it may affect you, you can contact the HHSC for more information. You can also speak with a Medicaid attorney or a financial planner who can help you understand your options and make informed decisions about your estate planning.
In conclusion, the Medicaid Estate Recovery Program is a program in Texas that is designed to recover Medicaid funds that were used to pay for long-term care services for Medicaid beneficiaries. It works by placing a lien on the property of a Medicaid beneficiary who received long-term care services through Medicaid. The lien is used to recover the Medicaid funds that were paid for the beneficiary’s long-term care services. It is important for Medicaid beneficiaries and their families to understand the MERP and how it may affect them. By discussing the MERP with your family and your attorney and by making informed decisions about your estate planning, you can help protect your assets and ensure that your wishes are carried out.