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Briefing

ISSUE BRIEF – Medicaid Estate Claims: Perpetuating Poverty & Inequality for a Minimal Return

CONGRESS SHOULD END MANDATORY MEDICAID ESTATE RECOVERY

Federal law requires state Medicaid programs to seek repayment of specified Medicaid benefits, even if the state would prefer not to seek such recovery. The Medicaid program’s claim is enforced against the heirs of now deceased persons who relied on Medicaid, forcing the heirs in many cases to sell a family home that otherwise would have been passed down.

The burden of estate claims falls disproportionately on economically oppressed families and communities of color, preventing families from building wealth through home ownership, which has been historically denied to communities of color through discriminatory public policy.

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