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» The Department of Health Services released comprehensive MediCal recovery regulations under which the Department will have a claim against the estate of a decedent for all payments made by the MediCal Program on behalf of the decedent. Under the proposed regulations the Department shall have a claim against annuities as part of the decedent’s estate. The recovery can be made from an annuity, annuity payments or distributions receivable by any person or entity from the date the annuity payments are designated to be made. Further, the Department can recover against a life estate in real property held by the decedent at the time of death. The life estate will be valued according to the Life Estate and Remainder Interest Table of Centers for Medicare and Medicaid Services’ State Medicaid Manual of November 1994. The Department can also recover against any real estate transferred by the decedent if he or she held the right recover the transferred property. However, no recovery can be made against irrevocable transfers of real property. Full text of the regulations can be found at...
http://www.applications.dhs.ca.gov/regulations/
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