The federal government did not approve a West Virginia plan to exclude many Medicaid beneficiaries from their property being attached. The request was to exclude property valued at $50,735 or less.

The decision was based on complaints that "unpaid" Medicaid costs for long term nursing home stays allows the government to take property. The West Virginia Legislature pushed the court case, leading to the decision.

Medicaid allows an exclusion of "homesteads of modest value," but under the law, they may take property that has greater value.

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