Medicaid Estate Recovery Planning Techniques: Mitigating States' Practices to Enforce Recovery Rights

Protecting the Recipient and Community Spouse Against Estate Recovery For Long-Term Care

Recording of a 90-minute CLE webinar with Q&A

Conducted on Thursday, August 6, 2015

Recorded event now available

or call 1-800-926-7926

This CLE course will provide guidance for counsel to elderly clients and their families on navigating Medicaid estate recovery programs and creating plans that achieve Medicaid eligibility. The panel will outline approaches to mitigate the risk of recovery against the estates of the Medicaid recipient and the community spouse.


Nationally, Medicaid pays almost half the cost of all nursing home and other long-term care expenses, and states seek to reduce the resulting deficits through Medicaid estate recovery programs. States are authorized to file reimbursement claims against the estate of a Medicaid recipient over age 55 for long-term care and medical expenses, which puts planning for Medicaid at risk.

Key state court decisions address the rights of states to pursue recovery against a community spouse, including the way annuities and promissory notes impact recovery. Counsel advising elderly clients and their families must understand the reach of Medicaid estate recovery programs and master proactive steps aimed at protecting clients’ assets.

Listen as our authoritative panel of elder law attorneys examines estate recovery programs and procedures. The panel will address recent court decisions and state legislation impacting Medicaid estate recovery and explain planning techniques to meet Medicaid eligibility requirements and protect the community spouse against estate recovery.



  1. Estate recovery—latest developments
    1. Recent court decisions
    2. Recent and pending legislation
  2. Protecting the estate
    1. Achieving or maintaining Medicaid eligibility
    2. Avoiding estate recovery against community spouses


The panel will review these and other key issues:

  • How have recent court decisions and state legislation addressed the rights of recovery against the estates of the Medicaid recipient and the community spouse?
  • What assets are generally subject to Medicaid estate recovery?
  • What steps can be taken to limit the reach of Medicaid recoveries and protect estate assets?


Marchese, Richard
Richard A. Marchese

Woods Oviatt Gilman

Mr. Marchese concentrates his practice in Medicaid and Estate planning, Social Security, Medicare and Medicaid...  |  Read More

Jason E. Marx
Jason E. Marx

Of Counsel
Connell Foley

Mr. Marx concentrates his practice in the area of elder law and special needs and disability planning. In...  |  Read More

David J. Zumpano
David J. Zumpano

Lawyers with Purpose

Mr. Zumpano's practice focuses on elder law, estate planning and asset protection. He is a regular speaker and...  |  Read More

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