State Department of Human Resources, Welfare Division v. Estate of Ullmer

*111OPINION

By the Court,

Becker, J.:

In this appeal, we consider whether imposing a lien on a deceased Medicaid recipient’s interest in a home before the surviving spouse’s death2 constitutes a “recovery” in violation of federal and state Medicaid estate recovery law. We conclude that imposing a lien is not an impermissible “recovery.” The State may impose a lien, subject to certain limitations, before the surviving spouse’s death upon property in which it has a legitimate interest. However, to prevent spousal impoverishment, the lien must provide that the government release the lien upon the…