Congress passed the Omnibus Budget Reconciliation Act of 1993 (OBRA ’93) on August 10, 1993. It became effective as Federal law under 42 U.S.C. 1396(p) on October 1, 1993. The passage of this Federal law mandated the states to implement an Estate Recovery Program to recover the costs of certain benefit programs. Arizona implemented its Estate Recovery Program effective January 1, 1994. Under this program, AHCCCS is required to file a claim against an ALTCS customer’s estate to recover its costs for providing Medicaid benefits. This chapter explains the Estate Recovery Program requirements.
For each section in this chapter, you will find:
The policy for the requirement;
Any definitions needed to explain the policy;
What proof is needed; and
A list of the federal and state laws that apply to the requirement by program.