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There is no limit on the number of years for which DHS can seek recovery, except that there can be no recovery for medical assistance provided prior to the effective date of the act, August 15, 1994.
The law requires every state to try to get back the money that the state pays for someone's Medicaid benefits. The state can then use this money to pay for long-term care for other people. For instance, suppose Pennsylvania pays $100,000 from Medicaid for a person's care.
If you want to avoid Medi-Cal estate recovery completely, you can do so by leaving nothing in your estate. This will mean making sure that all exempt assets such as your personal residence and vehicle are not in your name at the time of your death.
You will also be required to provide proof of identity (such as a driver's license or state identification card), a Social Security Number (SSN), proof of residency in the state of Pennsylvania, proof of United States citizenship (some exceptions may apply), and information on your household composition.
The primary way to avoid probate for a house and ultimately avoid the enforcement of a MERP claim on the family home is called a Lady Bird Deed or Enhanced Life Estate Deed. It offers Texas residents a simple, inexpensive way to transfer real estate at the time of death, without probate.