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Advocate says NY is one of the most aggressive states for Medicaid estate recovery

CBS Central New York
October 2024

Federal Medicaid rules say state-run Medicaid programs must recover certain Medicaid benefits on behalf of the person enrolled. That can mean seizing property.

The I-Team first met Ellen McCauley in May. Six months later, her family's struggle remains the same.

Medicaid has taken control of her late mother's home here on West Onondaga Street, seizing this property to recover funding used for her mother's care.

In 2019 her mother's health declined and she passed away in January of 2023.

Medicaid then came looking to collect what they paid for her care-putting a $202,000 dollar lien on the home.

"New York State has one of the more aggressive estate recovery processes of all the states in the country," explained Natalie Kean of Justice in Aging. It's a national non-profit that helps low-income older adults.

"It [NY state] pursues costs for all Medicaid services received, so, not only long-term care, but all other Medicaid-covered services. That is not required by federal law. Federal law only requires states to pursue the recoupment of costs for long-term care," said Kean.

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