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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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