Medicaid State Laws:
Estate Recovery

This chart highlights the state laws related to Medicaid estate recovery and exceptions. Check back often, as this chart is updated frequently.

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StateMedicaid Estate Recovery AllowedMedicaid Estate Recovery Exceptions
ALABAMAxhttps://medicaid.alabama.gov/content/7.0_Providers/7.1_Third_Party/7.1.1_Estate_Recovery.aspx“Undue Hardship” is defined as the existence of a situation, established by convincing evidence, that the estate subject to recovery is an asset such as a family farm or family business which produces “limited income” (defined as equal to or less than the income limit established in Rule 560-X-25.14) and is the sole income-producing asset of one or more heirs to the estate.
ALASKAxhttp://dhss.alaska.gov/Commissioner/Documents/medicaidstateplan/PDF_SP/SP_pgs/SP_att4.17a.pdfOne or more of the following conditions may constitute a finding of undue hardship resulting in all or part of the Department’s claim against an estate to be waived in an effort to avoid impoverishment of the deceased recipient’s family: • The estate’s only asset produces income and recovery would cause the survivors’ loss of livelihood; • A survivor’s primary residence is the estate’s only significant asset and state recovery of it would cause impoverishment of the survivor as defined below: o State recovery of estate’s proceeds would make the survivor eligible for public assistance; o A survivor could discontinue eligibility for public assistance if they were to receive the estate; o Recovery would deprive the survivor of food, clothing, shelter or other necessities of life, or medical care, thereby endangering the survivor’s health and safety. • The estate subject to recovery is a home of modest value defined as 50% or less of the average price of homes within the region or major community, based on Alaska Department of Labor statistics and periodically compared to census data adjusted for inflation. Home value is determined as of the date of the recipient's death. Applicants for undue hardship waivers must have a beneficial interest in the estate and must apply within thirty (30) days of receiving notice of the Department’s claim. An application filed up to thirty (30) days late may be treated as timely if the applicant demonstrates good cause for filing late. The filing of a claim by the Department in a probate proceeding shall constitute notice to all heirs.
ARIZONAA home that is solely owned by the ALTCS member, is owned jointly without right of survivorship, or is owned jointly with right of survivorship but the joint owner is deceased, is subject to Small Estate Affidavit or probate, and is therefore subject to payment of AHCCCS’ claim against the estatehttps://www.azahcccs.gov/Members/Downloads/Publications/DE-810_english.pdfAHCCCS will waive the claim against the ALTCS member’s estate when the heir to the estate meets all of AHCCCS’ undue hardship criteria in either a. or b. below: a. The estate contains real property assets only or both real and personal property assets, and 1. The real property in the estate is listed as residential property by the Arizona Department of Revenue or County Assessor’s Office; and 2. The heir to the estate meets all of the criteria listed in either a. through d. or e. through h. below: a. Owns a business that is located at the residential property; b. The business has been in operation at the residential property for at least 12 months preceding the ALTCS member’s death; c. The business provides more than 50% of the heir’s livelihood; and d. The recovery of the property would result in the heir to the estate losing their means of livelihood. OR e. Currently resides in the residence; f. Resided there at the time of the ALTCS member’s death; g. Has made the residence his or her primary residence for the 12 months immediately preceding the ALTCS member’s death; and h. Owns no other residence.
ARKANSASxhttps://humanservices.arkansas.gov/wp-content/uploads/Your_Guide_to_Medicaid_Estate_Recovery_in_Arkansas.pdfUndue hardship may exist when the estate's asset is the sole asset of the survivors, the asset is their sole source of income, the income is not sufficient to meet their living expenses and also repay the debt to DHS, or there are other compelling circumstances (e.g., the estate assets cannot be readily converted to cash).
CALIFORNIAAfter 2017, only if home does not transfer by ROS, trust, or payment or transfer on death.https://www.dhcs.ca.gov/services/Pages/TPLRD_ER_cont.aspxHardship waiverhttps://www.dhcs.ca.gov/services/Documents/DHCS-6195-0619-Hardship-Waiver.pdf
COLORADOxhttps://www.colorado.gov/pacific/sites/default/files/Medical%20Assistance%20Estate%20Recovery%20Program.pdfat discretion of department
CONNECTICUTxhttps://www.cga.ct.gov/current/pub/chap_319s.htm#sec_17b-93People 55 and older in HUSKY D who receive medical care on or after Jan. 1, 2014
DELAWARExhttps://regulations.delaware.gov/register/october2012/final/16%20DE%20Reg%20423%2010-01-12.htmThese individuals are limited to a civil union partner, children, grandchildren, parents, or siblings of the DHSS long-term care recipient who meet 1 of the following conditions: Receive any Federal or State funded assistance for living expenses (examples: SSI, AFDC, VA Aid and Attendance) and have no other home to which they can return. Or Have total family income less than or equal to 200% of the current monthly Federal Poverty limit, and have total family resources that can be converted to cash less than or equal to $3,000, including any real property that they own.
*DISTRICT OF COLUMBIAxhttps://dcps.dc.gov/sites/default/files/dc/sites/dhcf/release_content/attachments/Info%20on%20Estate%20Recovery%20for%20DHCF%20gov_final.pdfUndue hardship
FLORIDAHomestead protectedhttp://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0409/Sections/0409.9101.html(8) The agency shall not recover from an estate if doing so would cause undue hardship for the qualified heirs, as defined in s. 731.201. The personal representative of an estate and any heir may request that the agency waive recovery of any or all of the debt when recovery would create a hardship. A hardship does not exist solely because recovery will prevent any heirs from receiving an anticipated inheritance. The following criteria shall be considered by the agency in reviewing a hardship request: (a) The heir: 1. Currently resides in the residence of the decedent; 2. Resided there at the time of the death of the decedent; 3. Has made the residence his or her primary residence for the 12 months immediately preceding the death of the decedent; and 4. Owns no other residence; (b) The heir would be deprived of food, clothing, shelter, or medical care necessary for the maintenance of life or health; (c) The heir can document that he or she provided full-time care to the recipient which delayed the recipient’s entry into a nursing home. The heir must be either the decedent’s sibling or the son or daughter of the decedent and must have resided with the recipient for at least 1 year prior to the recipient’s death; or (d) The cost involved in the sale of the property would be equal to or greater than the value of the property.
GEORGIAxhttps://medicaid.georgia.gov/programs/third-party-liability/medicaid-estate-recoveryHardship Criteria The following criteria will be used to determine whether an undue hardship exists: The asset to be recovered is an income-producing farm of one or more of the heirs, and the annual gross income is $25,000 or less; or The recovery of assets would result in the applicant becoming eligible for governmental public assistance based on need and/or medical assistance programs.
HAWAIIhttps://humanservices.hawaii.gov/mqd/fss-liens/
IDAHOxhttps://legislature.idaho.gov/wp-content/uploads/sessioninfo/2016/interim/160829_hacp_02a_TATROMedicaidEstateRecovery.pdfUndue Hardship
ILLINOISxhttps://www.illinois.gov/hfs/info/Brochures%20and%20Forms/Brochures/Pages/HFS3419b.aspxTo waive recovery, the heir or beneficiary must show that the recovery would cause them to become or remain eligible for programs such as Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF) or Food Stamps.
INDIANAxhttps://www.in.gov/fssa/ompp/medicaid-estate-recovery/Yes - very limited (only what is in the fed statute)
IOWAxhttps://www.legis.iowa.gov/docs/ico/code/249A.53.pdfIf repayment of the Medicaid debt would cause the heir or beneficiary to: 1. Not have enough money to pay for food, shelter, clothing, or medical care so that their life or health would be in danger, and 2. Have less than $10,000 in assets, and 3. Earn less than 200% of the federal poverty level, theyhttps://dhs.iowa.gov/sites/default/files/Comm266.pdf?041920201940
KANSASxhttps://legislature.idaho.gov/wp-content/uploads/sessioninfo/2016/interim/160829_hacp_02a_TATROMedicaidEstateRecovery.pdffIf therecipient is under 55 years of age, they would only be subject to estate recovery isthey have been in long-term care at a nursing facility
KENTUCKYxhttps://chfs.ky.gov/agencies/dms/dpo/epb/Documents/erfaqs.pdfUndue hardship shall exist if the total date-of-death value of the estate is $10,000 or less. This amount is raised from $5,000 or less under the rules prior to September 1, 2003. Undue hardship shall also exist if an asset subject to recovery is the sole income-producing asset of the estate conveyed to the surviving recipient family member (spouse, child or sibling). For example, this could be a family farm or business. However, the sole income-producing asset shall not include residential real property producing income through a lease or rental arrangement. Medicaid may also waive recovery if it is not cost effective to recover from the estate. To be cost effective, the administrative cost of recovering from the estate shall be less than the total date-of death value of the estate subject to recovery. Finally, Medicaid may grant an exemption of the recovery provisions on a case-by-case basis to the extent of the anticipated cost of continuing education or health care needs of an estate heir. The estate representative shall submit to the Department a written request for such an exemption and provide verification to the satisfaction of the Department.
LOUISIANAxhttp://ldh.la.gov/assets/medicaid/MedicaidEligibilityPolicy/U-0000.pdfIf recovery would place an unreasonable burden on an heir; and if an heir’s family income is equal to or less than 300 percent of the FPIG, adjustment or recovery may be waived. An undue hardship waiver is limited to the period during which the undue hardship circumstances continue to exist. An undue hardship may exist when: • the estate is the sole income-producing asset of an heir and income from the estate is limited (e.g., a family farm or other family business which produces a limited amount of income when the farm or business is the sole asset of the heir. • recovery would result in the heir’s necessity to apply for and become eligible for public assistance, including but not limited to Medicaid. • other compelling circumstances would
MAINExhttps://www.maine.gov/dhhs/sites/maine.gov.dhhs/files/inline-files/Estate-Recovery-October2019.pdfCare Given Waiver: Heirs who provided care for the MaineCare member while living in the member’s home for at least two years prior to the member being admitted to a long-term care facility or death may seek a waiver from recovery. The heir must have an income below 200% of the federal poverty level. The amount waived from recovery depends on the level and type of home care provided. For each of the two years: ▪ $6,000 is waived for basic help at least three times a week with transportation, housekeeping, appointments, and daily in-home personal care. ▪ $12,000 is waived for care that includes the above plus dispensing medication, changing dressings, and bathing. ▪ $32,000 is waived if the level of care provided is like care provided in an institutional setting. Hardship Waiver: If estate recovery will create a hardship, heirs may request a hardship waiver. The heirs’ income and assets combined must be below 180% of the federal poverty level, and they must have lived in the member’s home for a period of at least two years prior to the member’s death.
MARYLANDxhttps://mmcp.health.maryland.gov/docs/estatefactsheet_1106final.pdfA hardship means Medicaid’s claim will result in the removal of a dependent who: 1. Lived in the property at the time of the Medicaid recipient’s death. 2. Lived there continuously for a period of two years before the Medicaid recipient’s death, and 3. Cannot find another place to live.
MASSACHUSETTSxhttps://aspe.hhs.gov/basic-report/medicaid-liens-and-estate-recovery-massachusettsHardship waiver is available if a sale of real property would be required to satisfy a claim against the recipient’s probate estate and the individual using the property as their primary residence (1) lived on the property for at least one year before the deceased recipient became eligible for MassHealth; (2) the individual inherited or received an interest in the property from the deceased member’s estate; (3) the individual is not being forced to sell the property by other heirs; and (4) the individual’s income is less than 133% of poverty level.https://budget.digital.mass.gov/bb/h1/fy17h1/os_17/h11.htm
MICHIGANxhttps://www.michigan.gov/mdhhs/0,5885,7-339-71547_4860_56113_58553---,00.htmlAn undue hardship may exist when (1) the estate subject to recovery is the primary income-producing asset of the survivors (where such income is limited), such as a family farm or business; (2) the estate subject to recovery is a home of modest value. To qualify for an undue hardship waiver, the applicant must satisfy a Means Test. This ensures that an actual hardship would result. An applicant will satisfy the means test if both of the following are true: Total household income of the applicant is less than 200% of the poverty level for a household of the same size: and Total household resources of the applicant are less than $10,000. As stated above, there is a presumption that no hardship exists if the hardship resulted from estate planning methods where assets were diverted in order to avoid estate recovery.
MINNESOTAxhttps://www.dhs.state.mn.us/main/idcplg?IdcService=GET_DYNAMIC_CONVERSION&RevisionSelectionMethod=LatestReleased&dDocName=SRU-020102Limits on collecting from surviving spouse, children under 21, and homesteads.
MISSISSIPPIxhttps://www.mslegalservices.org/resource/medicaid-estate-recoveryExamples of situations where undue hardship will be found in Mississippi include cases in which the estate subject in recovery is the sole income producing asset of the survivors, such as a family farm; a homestead of modest value; or other compelling circumstances. Other compelling circumstances include a situation in which an adult relative has lived in the home of the decedent, depended upon that home for her principal place of residence for at least one year before the decedent entered the nursing home and gave care so that the person did not have to enter a nursing home during that year.
MISSOURIxhttps://dss.mo.gov/mhd/general/pages/estate-recovery.htm
MONTANAxhttps://medicaidprovider.mt.gov/docs/nursingfacility/SLTC-011MTMedicaidLienEstateRecoveryProg.pdfA deceased recipient’s heirs may ask the State to waive or reduce recovery based on undue hardship. All requests will be considered, and arrangements will be made if undue hardship exists based on criteria contained in Rule 37.82.431 of the Administrative Rules of Montana (ARM)
NEBRASKAxhttp://dhhs.ne.gov/Documents/Nebraska%20Medicaid%20Estate%20Recovery%20brochure.pdf
NEVADAxhttp://dhcfp.nv.gov/uploadedFiles/dhcfpnvgov/content/Pgms/CPT/Medicaid_Estate_Recovery.pdfCriteria considered (any one of the following): •The asset is the sole income producing asset of the applicant •The recovery of the asset would result in the applicant becoming eligible for government public assistance •There is a doctor’s written verification of a medical condition that compromises the applicant’s ability to repay the Medicaid claim. A claim may be waived, deferred or reduced (on a case by case basis) � The applicant resided in the recipient’s home for at least two years immediately prior to death or admission into a medical institution and/or the arrangement allowed the decedent to continue living in the home rather than in an institution. � The applicant provided daily care to the Medicaid recipient– including assistance with daily living activities and medical needs. � The cost of recovering an asset is more than the value of the asset. � The financial impact of recovery against immediate family members of the applicant would place them in a position of financial hardship.
NEW HAMPSHIRExhttps://www.dhhs.nh.gov/oos/eru/index.htm
NEW JERSEYxhttps://www.state.nj.us/humanservices/dmahs/clients/The_NJ_Medicaid_Program_and_Estate_Recovery_What_You_Should_Know.pdfThe only time that recovery will not be pursued is: I 1. If it would not be cost-effective to do so; or, 2. If property in the estate is the sole source of income for one or more of the Page 2 of 3 survivors and pursuit of recovery is likely to result in one or more of those survivors becoming eligible for public assistance and/or Medicaid benefits; or, 3. If a family member of a deceased Medicaid beneficiary has, prior to the beneficiary's death, continuously resided in a home owned by the beneficiary at the time of the beneficiary's death, and that home was the client's primary residence, and was, and remains, the family member's primary residence, DMAHS may record a lien against the property, but will not enforce the lien until the property is voluntarily sold, or the resident family member either dies or vacated the property.
NEW MEXICOxhttps://www.hsd.state.nm.us/wp-content/uploads/8.200.430.pdfSome Estates may qualify for relief from Estate Recovery, but only if HSD decides that one or more of the following hardship conditions are met: • an heir would qualify for public benefits to meet food, clothing and shelter needs; • an heir would not be able to get off of public assistance if the Estate property is used for repayment; • an heir has no source of money other than what the Estate could provide; • the home in the Estate is worth 50% or less than the average price of homes in that county.
NEW YORKxhttps://www.health.ny.gov/health_care/medicaid/publications/adm/11adm8.htmUndue hardship may exist when the asset subject to estate recovery is the sole income-producing asset of the beneficiary(ies), such as a family farm or family business and income produced by the asset is limited, or when the asset subject to recovery is real property of modest value (i.e., having a value no higher than 50 percent of the average selling price in the county where the home is located, as of the decedent's date of death) and the home is the primary residence of the beneficiary(ies). There may be other compelling circumstances that should be considered when deciding whether estate recovery will be waived due to undue hardship.
NORTH CAROLINAxhttps://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_108A/GS_108A-70.5.html
NORTH DAKOTAxhttps://www.nd.gov/dhs/services/medicalserv/medicaid/recovery.html; http://www.nd.gov/dhs/policymanuals/45001/Printed%20Docuemntation/Medicaid%20Estate%20Recovery%20Print%201-7-11%20done.pdfNo exceptions
OHIOxhttp://codes.ohio.gov/oac/5160:1-2-07Undue hardship may be found in the following cases. (a) The estate subject to recovery is the sole income-producing asset of the survivor, such as a family farm or other family business, which: (i) Produces a limited amount of income, or (ii) Is the sole asset of the survivor. (b) Without receipt of the estate proceeds, the survivor would become eligible for public assistance. (c) Recovery would deprive the survivor of necessary food, shelter or clothing. Deprivation does not include situations in which the survivor is merely inconvenienced but would not be at risk of serious harm. (d) The survivor provides clear and convincing evidence of substantial personal financial contributions to the deceased individual, creating an equity interest in the property. (e) The survivor is age sixty-five or older and financially dependent upon receipt of the estate proceeds. (f) The estate proceeds are preserved for the benefit of a survivor who: (i) Is totally and permanently disabled as defined in Chapter 5160:1-3 of the Administrative Code; and (ii) Is financially dependent upon receipt of the estate proceeds.
OKLAHOMAxhttps://www.okhca.org/xPolicyPart.aspx?id=626&chapter=35&subchapter=9&part=2&title=MEDICAID%20RECOVERY%20PROGRAMUndue hardship exists when enforcing the lien would deprive the individual of medical care such that the individual's health or life would be endangered. Undue hardship exists when application of the rule would deprive the individual or family members who are financially dependent on him/her for food, clothing, shelter, or other necessities of life. Undue hardship does not exist, however, when the individual or his/her family is merely inconvenienced or when their lifestyle is restricted because of the lien or estate recovery being enforced. Decisions on undue hardship waivers are made at OKDHS State Office, Family Support Services Division, Health Related and Medical Services Section.
OREGONxhttps://sharedsystems.dhsoha.state.or.us/DHSForms/Served/me9093.pdf
PENNSYLVANIAx with exceptionshttps://www.dhs.pa.gov/Services/Other-Services/Documents/Estate%20Recovery/Estate%20Recovery-Brochure.pdf• If the gross value of the estate is $2,400 or less, the estate is administered, and there is an heir to the estate, the department will permanently waive its claim for estate recovery. • A hardship waiver, with respect to a primary residence of the deceased, will be granted if all the following criteria are met: a) The person has continuously resided in the primary residence of the decedent for at least two years immediately preceding the decedent’s receipt of nursing facility services, or, for at least two years during the period with MA-funded home and community-based services were received; and b) The person has no other alternative permanent residence; and c) The person has provided care or support to the decedent for at least two years during the period that MA-funded home and communitybased services were received by the decedent, or for at least two years prior to the decedent’s receipt of nursing facility services during which time the decedent needed care or support to remain at home. • A hardship waiver will be granted with respect to an income-producing asset (for example, a working farm) for a spouse, child, parent, sibling, or grandchild of the deceased if they meet both of the following criteria: a) The asset is used to generate the primary source of income for the household; and b) There would be a gross family income of less than 250 percent of the federal poverty income guideline* without the asset. *These amounts change every year. For example, in 2018, a single person could earn up to $4,047 per month, while a couple could earn up to $5,487 per month.
*PUERTO RICOxhttp://webserver.rilin.state.ri.us/Statutes/TITLE40/40-8/40-8-15.HTM; http://www.eohhs.ri.gov/Portals/0/Uploads/Documents/Rules/0312lienspropjan2018.pdf
RHODE ISLANDxhttps://www.scdhhs.gov/sites/default/files/2014%20ER%20Brochure.pdf; https://www.scdhhs.gov/organizations/estate-recovery(1) With respect to the decedent's home property, if the decedent could have transferred the home property on or after the date of his or her Medicaid application without incurring a penalty under 42 U.S.C. Section 1396p(c) if the property could have been transferred without penalty to a: (a) Surviving sibling of the decedent who possessed an equity interest in the property and who lived in the home for a period of at least one year immediately prior to the date the decedent was institutionalized; or (b) Surviving child of the deceased who lived in the home for a period of at least two years immediately before the decedent became institutionalized and who provided care, which allowed the decedent to delay institutionalization. Does not apply to a child under the age of 21, or a child who is blind or disabled. However, hardship under this item only applies if the individual to whom the property could have been transferred without penalty is actually residing in the home, at the time the hardship is claimed and this hardship status only protects a homestead of modest value. A homestead of modest value is defined as fifty percent (50%) or less of the average price of homes in the county where the homestead is located as of the date of the beneficiary's death. To the extent the value of the home property exceeds this modest value, that portion is subject to recovery by the department. (2) With respect to the decedent's home and one acre of land surrounding the house, if an immediate family member: (a) Has resided in the home for at least two years immediately prior to the recipient's death; (b) Is actually residing in the home at the time the hardship is claimed; (c) Owns no other real property or agrees to sell all other interest in real property and give the proceeds to the department; and (d) Has annual gross family income that does not exceed one hundred eighty-five percent of the federal poverty guidelines. (3) With respect to a sole income producing asset: (a) An immediate family member's annual gross family income would fall below the federal poverty guidelines or immediate family member agrees to pay all income in excess of one hundred eighty-five percent (85%) of the federal poverty guidelines to the department.
SOUTH CAROLINAxhttps://dss.sd.gov/keyresources/benefitfraud/estate.aspx
SOUTH DAKOTAxhttps://www.tn.gov/tenncare/legal/estate-recovery.htmlThe “undue hardship” is defined by Tennessee as existing in the following three circumstances: The property of the estate is the sole income-producing asset of the survivors, such as a family farm or other family business. A sibling of the deceased individual meets the following criteria: He or she was lawfully residing in the individual’s home at least 1 year immediately before the individual’s admission to the medical institution; He or she provided care to such individual for that 1 year, which permitted the individual to reside in the home rather than in an institution; and He or she has lawfully resided in such home on a continuous basis since the date of the individual’s admission to the medical institution. A son or daughter of the individual meets the following criteria: He or she was lawfully residing in the individual’s home for at least 2 years immediately before the individual’s admission to the medical institution; He or she provided care to such individual for those 2 years, which permitted the individual to reside at home rather than in an institution; and He or she has lawfully resided in such home on a continuous basis since the date of the individual’s admission to the medical institution. Note: For purposes of #2 and #3 above, the undue hardship shall be considered to no longer exist when sibling, son, or daughter of the deceased individual, as applicable, no longer resides in such home.
TENNESSEExhttps://hhs.texas.gov/laws-regulations/legal-information/your-guide-medicaid-estate-recovery-programThe state may consider it a hardship when: The estate property was a family business, farm, or ranch for at least 12 months before the person on Medicaid dies, and is the main source of income for the heirs. The heirs would need financial help from the government if the state filed a MERP claim to get money back. The heirs could stop getting financial help from the government if the state did not file a MERP claim. The person who died received services because he or she was a crime victim. There are other circumstances that may create a hardship. One type of hardship applies just to the home. If the value of the homestead is under $100,000, and if one or more of the heirs have family income under a certain amount, the state may not ask for money back. In 2019, this income limit for one person is $37,470. For a family of two, it is $50,730. These figures are adjusted each year
TEXASxhttps://medicaid.utah.gov/Documents/pdfs/EstateRecovery.pdfWhen the property is the sole income producing asset and source of support for the survivors (such as a family farm or other family business, which produces a limited amount of income).
UTAHxhttps://legislature.vermont.gov/statutes/fullchapter/33/019No recovery of medical expenses shall be made under this subchapter against a homestead provided that the homestead would pass to one or more lineal heirs or siblings of the decedent who either have income below 300 percent of the federal poverty level or who have contributed significantly, monetarily or otherwise, to the decedent so as to allow the decedent to delay or avoid nursing home placement. If a maximum homestead value exemption is allowed by federal law, then any recoveries due to the U.S. Department of Health and Human Services on homesteads valued between such maximum and $125,000.00 shall be paid through State general funds provided the caregiving or poverty standards set forth in this section are also met and the probate estate was opened after June 30, 2000.
VERMONTxhttps://law.lis.virginia.gov/admincode/title12/agency30/chapter20/section141/1. Special consideration shall be shown in cases in which the estate subject to recovery is: (i) the sole income-producing asset of survivors (where such income is limited), such as a family farm or other family business; (ii) a homestead of modest value; or (iii) one in which other compelling circumstances exist as may be set out in agency guidance documents. Homestead of modest value = means a home that is worth 50% or less of the average or median price, as contained in the most recent U.S. Census data or any other such source of home value information as published in the agency's guidance documents, of homes in the county or city, as appropriate, where the homestead is located as of the date of the individual's death. 2. An undue hardship exists when the Commonwealth determines that it would not be cost effective to recover the assistance paid. 3. In cases where recovery is not waived and heirs of the estate from which recovery is sought wish to satisfy the Commonwealth's claim without selling a nonliquid asset that is subject to recovery, alternative methods of recovery may be considered. DMAS may also establish a reasonable payment schedule. 4. The Commonwealth may limit the hardship waiver to the time period during which the undue hardship circumstances existed or continue to exist.
VIRGINIAxhttps://www.dshs.wa.gov/sites/default/files/FSA/forms/pdf/14-454.pdfRecovery deprives an heir of a place to live and they cannot afford other shelter; • The estate is the sole income producing asset of an heir; or • You are survived by a state-registered domestic partner.
WASHINGTONx, jointly owned property can only be recovered against owner's portion of interesthttp://www.wvrecovery.com/docs/Estate_Recovery_BRO20021.pdf7.1 The following situations are considered undue hardship situations and no lien shall be placed or recovery made on the estates of Medicaid recipients when the following evidence is presented to the Bureau: 7.1.1. An adult child resided continuously in the home for a two year period of time immediately prior to the date the parent became a recipient and continued to reside in the home until the parent’s death and if that child can establish that he/she provided care to the recipient which permitted the parent to remain at home without Medicaid assistance for at least that two year period; 7.1.2. An adult child maintains continuous employment in the family business for a period of time beginning at least three (3) years before the parent became a recipient until the time of the parent’s death and if the property, which would otherwise be subject to an estate recovery lien, is an integral part of the business and is required for the continued viability of the business; or 7.1.3. The secretary determines that it is not cost effective for the Department of Health and Human Resources (DHHR) to pursue recovery from the estate. 7.2 The following situations shall be considered undue hardship, which upon presentation of proof, qualify for limited exclusion from estate recovery: 7.2.1. An adult child, regardless of whether he/she was living in the family home, is able to present proof of monetary support to his/her parent for medical care and other necessities prior to the date the parent became a recipient. Such support shall reduce the medical assistance lien on a dollar for dollar basis; 7.2.2. An adult grandchild whose parents are both deceased prior to the date the grandparent became a recipient is able to present proof of monetary support to his/her grandparent for medical care and other necessities prior to the date the grandparent became a recipient. Such support shall reduce the medical assistance lien on a dollar for dollar basis; or 7.2.3. A sibling is able to present proof of monetary support to his/her sibling for medical care and other necessities prior to the date the sibling became a recipient. Such support shall reduce the medical assistance lien on a dollar for dollar basis. 7.3 An application for an undue hardship waiver to exempt wedding rings from the recipient’s estate shall be granted without presentation of evidence.
WEST VIRGINIAxhttps://www.dhs.wisconsin.gov/medicaid/erp.htmAn heir, beneficiary, or co-owner may apply for a waiver of the Department’s claim on their portion of the estate or non-probate property for one of the following reasons: • The heir, beneficiary, or co-owner would become or remain eligible for Supplemental Security Income (SSI), FoodShare, BadgerCare Plus, or Medicaid, if the Department pursued its claim. • The deceased’s estate contains real estate used as part of the heir, beneficiary, or co-owner’s business, which may be, but is not limited to, a working farm, and recovery by the Department would affect the property and would result in the heir, beneficiary, or co-owner losing his or her means of a livelihood. •The heir, beneficiary, or co-owner is receiving general relief or veterans benefits based on need under s. 45.40 (1m), Wis. Stats.
WISCONSINxhttps://health.wyo.gov/wp-content/uploads/2016/02/Wyoming-Medicaid-Estate-Recovery-Brochure.pdfThe property must be part of a working farm or ranch, be the sole source of income for the heirs, and provide food, shelter for the heirs. Members who are age 55 or older, living in the community, and who are not receiving services related to long-term care or any services through the WCDP will not be affected by estate recovery.
WYOMINGxhttp://dcrules.elaws.us/dcmr/t29_ch29-67Undue hardship shall exist if one of the following criteria has been met: (a)The heir, legatee, devisee or other interested person may become eligible for assistance payments without the proceeds from the estate; (b)The decedent's home is the sole-income producing asset of a family business and recovery would result in an heir, legatee, devisee or other interested person losing their means of livelihood. The following two conditions shall be met to qualify under this criteria: (1)The family business has been in operation at the property for at least twelve (12) months preceding the death; and (2)Income from the business provides one hundred percent (100%) of a surviving heir, legatee, devisee or other interested person's livelihood; (c)If the heir, legatee, devisee or other interested person is allowed to collect the proceeds from the estate, that individual may become ineligible for assistance payments; or (d)Recovery would deprive the heir, legatee, devisee or other interested person of shelter and that individual lacks the financial means to obtain and maintain shelter. 6703.2Undue hardship shall not exist under any of the following circumstances: (a)When recovery would merely inconvenience or restrict the lifestyle of the heir, legatee, devisee or other interested person; (b)The heir, legatee, devisee or other interested person divest assets to qualify under the undue hardship provision; or (c)Recovery will merely prevent the heir, legatee, devisee or other interested person from receiving an anticipated inheritance. 6703.3MAA may compromise its claim when collection of the full amount would result in an undue hardship. Consideration may be given to the following factors: (a)Contribution by the heir, legatee, devisee or other interested person to the value of the asset or to the support or care of the decedent; (b)Any outstanding debt with a higher priority, such as a mortgage, which has been assumed by the heir, legatee, devisee or other interested person; and (c)Other compelling circumstances as determined by the District.
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