Neither the type of ownership interest that you hold (such as joint tenancies and life estates), nor the timing of when that interest was created affects the Department's ability to place a lien when a lien would otherwise be appropriate. Funds collected by the ERU are split among the county, state, and federal governments depending on the type of assistance.Ī lien is a document filed with the county registry of deeds that alerts anyone who wants to buy your house or land that you have a debt against the property, which must be paid when the home is sold, transferred or refinanced. Both state and federal laws require the Department to seek recovery.

The State, through the ERU, accomplishes this recovery in two ways: (1) by filing a lien against the individual's home or land and recovering from the proceeds of the sale, transfer or refinancing of that property and/or (2) from the individual's estate that is left following their death which usually includes their probate estate but can also include property that passes outside of probate for recipients of medical assistance. The Estate Recoveries Unit (ERU) recovers funds from individuals and/or their estate following their death who have received Old Age Assistance (OAA), Aid to the Needy Blind (ANB), or Aid to the Permanently and Totally Disabled (APTD) cash assistance and/or from individuals who have received OAA, ANB, Medicaid for Employed Adults with Disabilities (MEAD), or APTD medical assistance (Medicaid).

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