HFS can get back the money that it spends on nursing home care by filing a lawsuit against the estate of the Medicaid recipient after they die. HFS can also file a lawsuit against the estate of the person's spouse after the spouse's death. In some cases, HFS also can place a lien against any real estate owned by the nursing home resident or that person's spouse.
Finally, when a Medicaid recipient dies, HFS can file a lawsuit against their estate for the value of the medical assistance provided to them after they reached age 55. You can ask for a waiver of this lien if it will mean that a family member will suffer financial hardship.