The State of California has been confiscating the estates of deceased Medicaid recipients through an estate recovery program called Medi-Cal. California created the program after a 1993 Federal Law gave states the right to seize the assets of deceased Medicaid beneficiaries. “The law mandates states recover assets for nursing home care, and it also allows them to recover payment for medical services such as doctor visits, hospital stays, and other medical services for people 55 and over.” This optional recovery program is currently used in 10 states. There is strong opposition to this program from private property rights activists with many likening it to a death tax. California State Sen. Ed Hernandez (D-West Covina) has introduced a pending bill to abolish the Medi-Cal program.
See Kenneth Artz, California Seizes Estates Of Deceased Medicaid Patients, Heartland, May 14, 2015.
Special thanks to Jim Hillhouse for bringing this article to my attention.
