Can the Oregon Health Authority (OHA), Estate Recovery Unit (EAU) seek reimbursement for Medicaid services rendered after a person is deceased, if their assets are placed in a revocable trust prior to care? In other words, does a revocable trust protect against Medicaid recovery after death? (District: Oregon, United States)


A trust, revocable or irrevocable, does not protect the estate from claims by creditors. Under ORS 115.125(1)(k), the Department of Human Services or the Oregon Health Authority has a claim against the estate, behind the claim for "the state’s monthly contribution to the federal government to defray the costs of outpatient prescription drug coverage provided to a person who is eligible for Medicare Part D prescription drug coverage and who receives benefits under the state medical assistance program or Title XIX of the Social Security Act" (which is item (j)) and ahead of only the claim by the Department of Corrections for care and maintenance of any decedent who was at a state institution – that one is dead-last in the list of statutorily-listed claims.

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