Summary of MassHealth estate recovery changes in 2024
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In September 2024 the MassHealth estate recovery statute at GL 118E: 31 was amended. The new law takes effect Dec 5, 2024 and applies retroactively to the probate estates of MassHealth members who die after August 1, 2024. It reduces the scope of estate recovery to only what federal law requires which includes recovering the costs of nursing home care and home and community-based waiver services. MLRI updated the attached summary of the law in June 2025 after MassHealth updated its website and issued EOM 25-09 (May 2025), Updates to the MassHealth Estate Recovery Policy under the LTC Act. However MassHealth has not yet released proposed amendments to its regulations.
The Link below is to the MassHealth Estate Recovery website.
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Summary of Estate Recovery changes (June 2025).pdf (256.59 KB) | 256.59 KB |