Nebraska's highest court rules that the state can recover non-medical expenses, such as room and board, from a Medicaid recipient's estate. In Re Estate of Vollmann (Neb., No. S-16-608, May 12, 2017).
Herman Vollmann received Medicaid benefits while he resided at two different nursing homes. After he died, the state filed a claim against his estate for $22,978.35 to recoup Medicaid benefits paid on his behalf. The amount was based on the per diem rate calculated under the state's Medicaid plan.
Mr. Vollmann's estate disallowed the claim, and the state petitioned the court. Both parties asked for summary judgment. The estate argued that the state was entitled to recover only medical expenses, which totaled $360.45. The trial court granted summary judgment to the state, and the estate appealed.
The Nebraska Supreme Court affirms, holding that the state can recover nursing home services that include non-medical expenses. According to the court, "'medical assistance' provided to a Medicaid recipient includes costs for his room and board and other 'nonmedical' expenses at nursing facilities."
To read an article from the Omaha World Herald about the case, click here.
For the full text of this decision, click here.
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