Long Term Care Certification Practice Test

What does OBRA allow Medicaid to do regarding deceased persons?

1. Seek to recover half the benefits from the estate

2. Seek to recover full benefits from the estate

3. Only recover benefits if the estate is above a specific value

4. Not recover any benefits

The correct answer is: Seek to recover full benefits from the estate

The correct answer is that OBRA allows Medicaid to seek to recover full benefits from the estate of deceased persons. This is rooted in the provisions established by the Omnibus Budget Reconciliation Act (OBRA) of 1993, which expanded states' rights to recover funds that were spent on Medicaid services for individuals who have passed away. Under these provisions, states can pursue recovery against the estates of Medicaid beneficiaries for the cost of services provided after the age of 55. This ensures that the financial burden of providing long-term care services does not fall solely on taxpayers, and helps maintain the sustainability of the Medicaid program. It's important to note that this recovery is not limited to just a portion of the benefits; states can seek the full amount disbursed to the deceased individual during their time of receiving Medicaid support. This recovery process typically involves legal procedures to access assets remaining in the deceased's estate, aligning with the broader purpose of ensuring that the Medicaid program can continue to support future beneficiaries effectively.