Question: Can Medicaid recover – or “claw-back” – assets from an ABLE account after an Account Owner passes away?
Answer: A state Medicaid agency may recover from an Account Owner’s estate based on factors such as type of Medicaid benefits that the Account Owner received after the Account was established, individual state Medicaid policy, and the Account Owner’s state of residence.
In Illinois, the state Medicaid agency (HFS) recently modified its estate recovery rules for Medicaid recipients who died on or after July 1, 2022. Read the Administrative Code to learn more. For more information about Illinois Medicaid estate recovery claims, visit the Illinois Department of Healthcare and Family Services website and talk with a legal professional.
Learn more about IL ABLE at illinoisable.com and read the Plan Disclosure Booklet.