You asked whether the state could recover Medicaid and the cost of care in a state humane institution (Cedar Crest Hospital) from a recipient's inheritance.

By law, the state is entitled to recover assistance provided by the Department of Social Services (DSS) under the Medicaid, State Supplement, Temporary Family Assistance, and State-Administered General Assistance programs. In addition, the law makes current or former residents of state humane institutions (e. g. , Department of Mental Health-run facilities) liable to repay the state the unpaid portion of the care they receive. (Some of their care may already be paid for as the state starts collecting from these clients and their "legally liable relatives" while they are still receiving care. ) The state generally recovers these funds in one of two ways: from windfalls, such as inheritances and lawsuits, or a recipient's estate after he dies. If the recipient owns a home, the state may place a lien on it to make a recovery.

For inheritances, the state's share is the lesser of 50% of the inherited assets or the amount of assistance provided. An example should help illustrate how the law works. A former Medicaid recipient received $ 10,000 worth of Medicaid-covered services. His mother dies and leaves him $ 15,000. The state could recover up to $ 7,500 (one-half of the $ 15,000) for the Medicaid services (one half of which would go back to the federal government since 50% of the state's Medicaid services are funded with federal dollars). The same type of recovery would apply to people who receive care in state humane institutions (CGS §§ 17b-93-94(b); 17b-224). If a person received both Medicaid and care in a state mental hospital, the state's share would still be $ 7,500, one-half of the inheritance, because that sum is less than the total combined dollar value of the provided assistance.

RC: eh