2012 Vermont Statutes
Title 33 Human Services
Chapter 19 MEDICAL ASSISTANCE
§ 1906a Recovery against estate; homestead exemptions

§ 1906a. Recovery against estate; homestead exemptions

No recovery of medical expenses shall be made under this subchapter against a homestead; provided that the homestead would pass to one or more lineal heirs or siblings of the decedent who either have income below 300 percent of the federal poverty level or who have contributed significantly, monetarily or otherwise, to the decedent so as to allow the decedent to delay or avoid nursing home placement. This section shall take effect when the amended state plan is deemed approved by the Health Care Financing Administration (HCFA) pursuant to 42 C.F.R. § 430.16. If such approval is received after June 30, 1999 the exemption shall be retroactive and apply to all probate estates opened after June 30, 1999. If the agency of human services does not receive approval of the state plan amendment, it shall exhaust all administrative appeals and seek approval of another state plan amendment at the maximum homestead value exemption the health care financing administration (HCFA) will allow. If a

maximum homestead value exemption is approved by HCFA, then any recoveries due HCFA on homesteads valued between such maximum and $125,000.00 shall be paid through state general funds provided the caregiving or poverty standards set forth above are also met and the probate estate was opened after June 30, 2000. (Added 1999, No. 62, § 125; 1999, No. 152 (Adj. Sess.), § 117a, eff. May 29, 2000.)