Summary of MassHealth estate recovery changes in 2024

In September 2024 the MassHealth estate recovery statute at GL 118E: 31 was amended. The new law will take effect Dec 5, 2024 and apply retroactively to the probate estates of MassHealth members who die after August 1, 2024. It reduces the scope of estate recovery to only what federal law requires which includes recovering the costs of nursing home care and home and community-based waiver services. MLRI prepared the attached summary of the law  in November 2024 before MassHealth had rewritten its rules, notices and policies to reflect the coming changes.