What Exactly Is a MERP claim in Texas and Who or What Is Affected?
Did a member of your family receive Medicaid long-term services for something like nursing facility care before passing away? Are you the representative of an estate for a decedent who received Medicaid services before death? If so, you may be affected by the Texas MERP.
MERP stands for Medicaid Estate Recovery Program (MERP). If you received Medicaid long-term services and supports, the State of Texas has the right to ask for money back from your estate after you die. In some cases, the State of Texas may not ask for anything back, and the State will never ask for more money back than it paid for your services.
The MERP claim program only affects long-term care services and supports you receive after the age of 55, and only if you first applied for these services after March 1, 2005. If you applied for these services before March 1, 2005, MERP does not affect you. MERP applies to various services and programs, most notably, nursing facility care, but also, ICF/IID, HCS, CLASS, TXHmL, CWP, DBMD, CBA, STAR+PLUS, ICM and CAS.
When the person dies, the State sends a notice to the estate representative or heirs to let them know that the State intends to file a MERP claim. The notice will ask the representative for information so the State can decide whether to file a MERP claim.
The State’s primary question to the representative of the decedent’s estate is to the extent of property in the decedent’s estate. A MERP claim typically does not apply to life insurance policies that name a person to receive the payment or bank accounts that are paid on death another person.
If You Have Questions About a MERP Claim
If you have a question about a MERP claim in Texas or any other estate planning or probate issue, please call our office for an appointment at 800-929-1725. We have convenient offices in Wharton, El Campo and Richmond, TX.
