State is not entitled to more of estate for nursing home costs, state argues

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The Centers for Medicare & Medicaid Services rejected a proposed law in Georgia that would have prevented the state from recovering a larger portion of an estate from a deceased Medicaid beneficiary.

The law approved earlier this year by the state legislature would have upped the threshold on what the state could recover from $25,000 to $100,000, according to local newspapers. Current Georgia law exempts the first $25,000 of a Medicaid beneficiary's estate from being seized by the state to offset the cost of that person's nursing home care.

CMS considered the $100,000 limit excessive. The law also would have retroactively exempted Medicaid beneficiaries from any estate recovery if they were enrolled in the program at the time the estate recovery plan took effect.