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Georgia Implements Estate Recovery Program

In August 1993, under a law known as OBRA '93, Congress mandated that all states establish an Estate Recovery program. Under Estate Recovery, at the death of an individual who has received Medicaid benefits, the state will recover from that individual's estate for the cost of the Medicaid benefits provided. Georgia is one of three states that have delayed the implementation of an Estate Recovery program; this delay will end on August 1, 2004.

In the 2004 Legislative session, the Georgia legislature implemented this program as part of the fiscal year 2005 Budget. Proposed Rules of Estate Recovery were released on May 12, 2004, and Final Rules were adopted by the Georgia Department of Community Health on July 14, 2004. A copy of these Final Rules can be found at www.elderlaw-lacey.com.

There are a number of concerning legal issues raised by these Rules, some of which may be litigated. However, if you or your family member are presently eligible for nursing home Medicaid benefits and may be affected by Estate Recovery, it is wise to contact a Certified Elder Law Attorney to determine how this program may affect you and the legal options you may have to plan for this change in law.

July 19, 2004.