Lawsuit Claims Government Unlawfully Collects Medicaid Repayment

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The mayor of the District of Columbia, who oversees the Medicaid program, and the director of the District of Columbia Department of Human Services (DHS) are the defendants in a proposed class action that claims they unlawfully collected money for Medicare services from the estates of people who were survived by disabled children. According to the complaint, the DHS is permitted to “recover payment for the Medicaid benefits DHS provided persons during their lifetime, from their estates and/or their real property,” but recovery is prohibited when the individual is survived by a spouse, a child under 21, or a disabled child. The plaintiffs claim that DHS required $38,096.21 and $76,521.87, respectively, from the estates of their father and mother. Both plaintiffs informed the DHS that their parents were survived by disabled children, but the DHS insisted on collecting repayment, the suit says.