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Estate Recovery Percolates in COA

In yet another unpublished Court of Appeals decision on the topic of estate recovery, the COA upholds a result previously announced in the Keyes case (discussed in prior posts). This case is one in a string of cases dealing with the timing that a Medicaid beneficiary received notice of the State’s estate recovery program, and the argument that the program as implemented violates constitutional due process rights – an argument that has been rejected by the appellate court.  To read the case, click here.

All is not lost for estate recovery zealots; the Michigan Supreme Court has signaled that it is willing to look at some issues related to the implementation of the estate recovery program. More on that later.