Idaho Cannot Recover Inter Vivos Transfers Made by Medicaid Recipient

An Idaho district court affirms that the state’s ability to recover Medicaid costs does not extend to inter vivos transfers. The court held that federal law preempts state law, and the federal Medicaid definition of “estate” disallows the recovery of inter vivos transfers made by the Medicaid recipient.

See State Cannot Recover Assets That Were Transferred Before Medicaid Recipient Died, ElderLawAnswers, Apr. 2, 2011.