Affordable Care Act of 2010. Estate recovery will be forced on millions of people who might have otherwise gone without insurance. Why? Because the plan is that millions more Americans have health insurance. That would be accomplished by expanding Medicaid and implementing premium assistance (subsidies). When a person is found to be eligible for Medicaid, they will be automatically enrolled into their state's Medicaid program. Those forced into Medicaid will, due to the federal law, also be forced into estate recovery. Their estates will be partly or fully taken over by the federal or state government when they die.
Wow. That site is scary.
The Feds will have to stand in line. Tennessee has been during this for awhile now. As our elderly die due to aging and illness, drained of all their savings, many have to file for TnCare to supplement their Medicare. Their savings have been depleted, all that's left is granny's home which the State takes. If survivor's try to sell the homeplace after the patient's death to pay bills, the State intervenes and takes the proceeds. Happened to the lady who lives across the road from me. Doesn't matter whether there is a will or if the estate is probated. TNCare confiscates the proceeds. The State gets their's first. All other debtors are out of luck. AND, the State has to okay the sell. You can't sell it to Bubba for $10.00 or the State will not allow the sell to go through.