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Medicaid Planning · Louisiana

Louisiana Medicaid estate recovery

Medicaid estate recovery rules for Louisiana.

Published: September 4, 2026. Last checked: September 5, 2026.

Recovery scope

Louisiana seeks only federally mandated recovery from succession estates. The department's claim is a privilege on the succession estate with priority equivalent to an expense of last illness.

Source: Louisiana Revised Statutes § 46:153.4 [state-statute] — Acts 2018, No. 206, § 5; effective August 1, 2018 Additional authority: Louisiana Legislature 2018 Regular Session effective-date table [state-legislature] — Act 206 effective August 1, 2018

Controlling authority

Louisiana Revised Statutes § 46:153.4 requires the estate-recovery program and limits it to recovery mandated by 42 U.S.C. § 1396p.

Source: Louisiana Revised Statutes § 46:153.4 [state-statute] — Acts 2018, No. 206, § 5; effective August 1, 2018 Additional authority: Louisiana Legislature 2018 Regular Session effective-date table [state-legislature] — Act 206 effective August 1, 2018

Exemptions and deferrals

Louisiana does not institute recovery against the first $15,000 or one-half the parish median homestead value, whichever is greater. Recovery may also be reduced for reasonable and necessary homestead-maintenance expenses paid by heirs after long-term-care admission.

Source: Louisiana Revised Statutes § 46:153.4 [state-statute] — Acts 2018, No. 206, § 5; effective August 1, 2018 Additional authority: Louisiana Legislature 2018 Regular Session effective-date table [state-legislature] — Act 206 effective August 1, 2018

Hardship-waiver path

The department must refrain from recovery for undue hardship. The statute protects an heir whose family income is no more than 300% of the applicable federal poverty guideline, and the agency manual also provides review for a sole income-producing asset, threatened dependence on public assistance, and other compelling circumstances.

Source: Louisiana Revised Statutes § 46:153.4 [state-statute] — Acts 2018, No. 206, § 5; effective August 1, 2018 Additional authority: Louisiana Legislature 2018 Regular Session effective-date table [state-legislature] — Act 206 effective August 1, 2018 Additional authority: Louisiana Medicaid Eligibility Manual section U-0000 [state-medicaid-agency] — Issued January 20, 2021; replaces January 31, 2016 issuance

Lien practice

Louisiana's Medicaid State Plan authorizes TEFRA liens against real property of permanently institutionalized members and liens against real and personal property after death, in addition to liens for incorrectly paid benefits.

Source: Louisiana Medicaid State Plan section 4.17 [state-plan] — TN 02-11 approved July 22, 2004; effective July 1, 2004

Sources

Methodology & sources

Checked at least annually and whenever recovery statutes, waivers, liens, or agency practices change.

General information, not legal advice.