In order for Estate Recovery to apply, the applicant/client must be eligible for Medicaid and be:
* age 55 and older, and,
* in a nursing facility or enrolled in a home and community based services waiver program at the time of death.
* enrolled in hospice at the time of death.
The Estate Recovery law does not apply if at the time of death, the applicant/client has:
* A surviving husband or wife, or
* A surviving dependent child or children under 21 years of age, or
* A surviving dependent child or children of any age who are blind or disabled, or
* An undue hardship condition that causes Estate Recovery not to apply.
Estate property is made up of real and personal property that the applicant/client owns at the time of death:
* Real property such as home, family business, farm or ranch;
* Cash reserves, stocks, bonds, automobiles, recreational vehicles, mobile home;
* Or any property with value owned by the beneficiary in full or in part
32 Miss. Code. R. 1-6.10.1