Alamo Towers West, 901 NE Loop 410,
Suite 800,
San Antonio, TX 78209
Veteran Mother Comes Home

San Antonio, TX Family Law and Military Divorce Blog

Wednesday, September 10, 2014

Claims During Probate: Medicaid Estate Recovery Program (MERP)

During probate, the executor or heirs often must certify whether the Medicaid Estate Recovery Program (MERP) has a claim against the decedent's estate.  MERP stems from Federal law.  MERP requires States to submit claims against the estate of dededents who received "covered long-term care" for persons age 55 or older paid for by Medicaid.  A few examples of covered long-term care include the following:

  1. Nursing facility services;
  2. Community Living Assistance and support services;
  3. Home and Community-based services; or,
  4. Hospital and prescription drug services received while on the above programs.

Exceptions exist where a MERP claim will not be filed against the estate.  Two examples of exceptions follow:

  1. There is a surviving spouse; or,
  2. There is a surviving child or children under age 21.

In Texas, MERP is administered by the Department of Aging and Disability Services (DADS).  DADS publishes a form that can be sent to its MERP contractor to obtain certification of whether or not a claim exists.  Even if the family is "certain" that no covered long-term care was paid for by Medicaid, obtaining certification is a prudent step during probate.  Click here to get a copy of the MERP certification form from DADS' website.

Author Jim Cramp is the founder and principal attorney at the Cramp Law Firm.  The Cramp Law Firm provides a
spectrum of family-related legal services in the greater San Antonio Region.


Archived Posts

2019
2018
2017
November
October
September
July
June
May
April
February
January
2016
December
November
October
September
August
July
June
May
April
March
February
January
2015
December
November
October
September
August
July
June
May
April
March
February
January
2014
December
November
October
September
August
July
June
May
April
March
February
January
2013



© 2019 Cramp Law Firm, PLLC | Disclaimer
Alamo Towers West, 901 NE Loop 410, Suite 800, San Antonio, TX 78209
| Phone: 210-762-4502

Practice Areas | Principles | Fees & Discounts | Attorney Bio

FacebookGoogle+TwitterLinked-In CompanyYouTube

Law Firm Website Design by
Zola Creative


×