MAINECARE ESTATE RECOVERY ON THE RISE BUT EXEMPTIONS DO EXIST

MaineCare estate recovery is a program by which the State seeks reimbursement for the value of MaineCare benefits bestowed upon a now deceased individual. The MaineCare estate recovery program is mandated under federal law in order for the State to receive federal funding for MaineCare. The program is administered by the Estate Recovery Unit at the Department of Health and Human Services (DHHS). While DHHS is limited to the actual value paid by MaineCare to the deceased individual, recoverable assets include the real, personal, probate and non-probate property of the deceased beneficiary. These include assets which passed at death to the individual’s children, survivors, heirs or assigns.

In the last five years, the State has recovered more than $27 million through estate recovery, including nearly $8 million in the past year. There are a number of exceptions and exceptions to estate recovery, including care given, hardship or if the individual is survived by a disabled child, but such claims must be made by or on behalf of the deceased individual’s surviving family or Estate and within strict time limits.

Gosselin & Dubord, P.A. provides a full range of services to Maine’s senior citizens, their families and heirs, including MaineCare planning and assistance with MaineCare estate recovery appeals. If you have been contacted by DHHS’ Estate Recovery Unit regarding MaineCare benefits and would like to determine if you qualify for an exception or exemption, please contact Attorney David R. Dubord at (207) 783-5261 or drd@gosselindubord.com.