SF216 Summary

• Eliminates the age 55 requirement for filing medical assistance claims against estates; claims may now be filed for institutionalized recipients regardless of age and for recipients 55+ who received nursing facility, home and community-based services, or related benefits on or after January 1, 2014.

• Exempts homestead property owned jointly by a recipient and surviving spouse from medical assistance estate recovery claims if the property was classified and taxed as homestead property in the calendar year the recipient dies.

• Expands the definition of estate subject to medical assistance claims to include life estates, joint tenancies, beneficiary form securities, joint and pay-on-death accounts, and assets transferred through survivorship or living trusts.

• Allows recovery of medical assistance paid for a predeceased spouse from the surviving spouse's estate, limited to assets that were marital or jointly owned property during the marriage.

• Makes all changes effective immediately and applies them retroactively to estate claims pending on or after July 1, 2016, and to estates of people who died on or after July 1, 2016.