A Quick Primer on Medicaid Estate Recovery in Virginia (On Demand Seminar)

MCLE Credits: 1.0
Ethics Credits Included: 0.0

MCLE Credit: 1.0 (Ethics: 0.0)
Live-Interactive Credit: 0.0
Designation Credit: 1.0 Trusts and Estates Practice (Designations Information)
GAL for Incapacitated
Persons CE Credit
1.0 (GAL Information)
Price: $79 (Includes a downloadable audio version.)
Viewable Through: 11/30/2024


A pre-recorded streaming video replay of the October 2021 webcast, A Quick Primer on Medicaid Estate Recovery in Virginia.

Topics Covered

The cost of long-term care for seniors increasingly is being paid by public benefits. These elders have undertaken sophisticated financial and long-term care planning. When these individuals die, they may have assets while at the same time be eligible for Medicaid. How do you address the personal representative’s or intestate heir’s potential liability when Medicaid “comes knocking at the door”?

  • Understand the importance of the proper administration of a decedent’s estate by a personal representative, especially when the Commonwealth may be a creditor
  • The personal representative can have personal, and often unlimited, liability if he or she does not administer the estate appropriately—discover ways to protect the fiduciary
  • Review what Medicaid defines as the “decedent’s estate”
  • If there is no personal representative, an intestate heir may have liability—explore ways to protect the heir
  • Learn about the exceptions to estate recovery or methods to minimize recovery

Created in 1965, Medicaid is a system funded and administered through a state and federal partnership. It pays the medical costs, including long-term nursing home care and community-based nursing care, for individuals who are deemed to be financially and medically needy. States have broad discretion with the administration of the program, and the eligibility and benefit rules vary significantly. Medicaid recipients must have limited income and resources. Through various means, however, recipients occasionally die with financial resources or assets. It can occur because of an inheritance, personal injury settlement or award, ownership of the recipient’s residence, or another unplanned economic windfall.

In 1993, the federal government mandated that states establish individual plans to recover Medicaid payments from recipients after they die for nursing facility services and home and community-based services and prescription drug services, or, at the option of the state, any items or services under the state plan. States have various levels of estate recovery programs in place. Recently, Virginia has stepped up its collection efforts.

This program discusses appropriate ways to represent heirs and fiduciaries to respond to the Commonwealth’s collection efforts.

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Matthew C. Sunderlin, Clark & Bradshaw, PC / Harrisonburg

Matthew C. Sunderlin is a Partner of Clark & Bradshaw, PC, a full service law firm founded in 1948 and located in Harrisonburg with seven attorneys and a certified public accountant. Since 1998, he has represented the elderly, the disabled, their families, and advocates in the area of Elder Law.

Mr. Sunderlin’s education includes a baccalaureate degree from Hampden-Sydney College and a juris doctor from Regent University School of Law. Since 2003, he has been certified as an Elder Law Attorney by the National Elder Law Foundation. He has been certified as a Guardian ad litem for adults by the Virginia Supreme Court since 2003.

Mr. Sunderlin was listed in the 2008-2009 and 2012 through 2021 Virginia Super Lawyers® magazine in the area of Elder Law. In 2020, he was listed as “Legal Elite” in Elder Law by Virginia Business magazine. He is a past lecturer and author in the area of Elder Law for Virginia CLE® and a past instructor in Elder Law with the James Madison University Life Long Learning Institute.

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