When a couple grows old, one spouse often gets sick and needs long-term care — like a nursing home. That can cost $6,000 a month.
To qualify for Medicaid, couples often transfer the title for an asset, like a home, to the other spouse.
In 2008, the state tightened the rule governing asset ownership in an effort to recover more money. Now the Oregon Supreme Court has found that exceeded the state’s authority.
Attorney Tim Nay said they’re looking for families to come forward.
“We think it’s time for the state to give back the money they received illegally from Medicaid families in the past,” he said.
The rule brought in an estimated $10 million a year for Oregon.
By law, the state has to recover Medicaid expenses from an estate once both people are dead.
The Oregon Department of Health And Human Services declined to comment for this story.