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MassHealth Recovery Against Estates

The Division Medical Assistance (DMA) has the right to get back money from the estates of certain MassHealth members when they die. In general, the money that must be repaid is for services paid by MassHealth for a member after the member turned age 55.

If the deceased member leaves behind a child who has a disability, or under age 21, or a husband or wife, DMA will permit the estate to delay payment.

If real property such as a home must be sold to get money to pay for previously-delivered services, DMA, in limited circumstances, may decide that the estate does not need to pay. In such cases, the property must be left to a person who meets certain financial standards, and who has lived in the property, without leaving, for at least one year before the now-deceased member got MassHealth.

For more information about estate recovery, see the DMA regulations at 130 CMR 501.013 and Chapter 118E of the Massachusetts General Laws.

Additional Information

The Code of Massachusetts Regulations (CMR) is available at:
http://www.lawlib.state.ma.us/cmr.html.

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