This chart highlights the state laws related to Medicaid estate recovery and exceptions. Check back often, as this chart is updated frequently.
For more information, visit our Medicaid Topics Page.
| State | Medicaid Estate Recovery Allowed | Medicaid Estate Recovery Exceptions | ||
|---|---|---|---|---|
| ALABAMA | x | https://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. | |
| ALASKA | x | https://www.akleg.gov/basis/aac.asp#7.160.200 | The department will pursue a claim only if it determines that the potential recovery amount would result in twice the administrative and legal cost of pursuing the claim, with a minimum pursuable net amount of $10,000. In assessing the value of an estate, the department will consider allowances and all other claims against the estate having precedence under state statute. For the purposes of this subsection "administrative and legal costs" include the costs of (1) advertising, filing, and exercising a lien; (2) legal representation of the state; (3) tracking property with potential for a lien and then tracking its subsequent recovery; (4) repair of the property to bring it into saleable condition; (5) insurance to protect the asset; and (6) advertising, listing, and selling the home including all applicable closing fees. | https://www.akleg.gov/basis/aac.asp#7.160.200 |
| ARIZONA | A 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 estate | https://www.azahcccs.gov/Members/Downloads/Publications/DE-810_english.pdf | AHCCCS 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. | https://www.azahcccs.gov/Members/Downloads/Publications/DE-810_english.pdf |
| ARKANSAS | x | https://humanservices.arkansas.gov/wp-content/uploads/Your_Guide_to_Medicaid_Estate_Recovery_in_Arkansas.pdf | The state will not pursue a claim when: There is a spouse who is still alive, there is a child under 21 years of age, there is a child of any age who is blind or disabled. This child did not have to live with or be dependent on the recipient at the time of their death. The state may also choose to waive its claim if the DHS Hardship Waiver Committee determines that: Recovery will create an undue hardship for other surviving family members, or recovery is not cost effective | https://humanservices.arkansas.gov/wp-content/uploads/Your_Guide_to_Medicaid_Estate_Recovery_in_Arkansas.pdf |
| CALIFORNIA | After 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.aspx | Hardship waiver | https://www.dhcs.ca.gov/services/Pages/SubstantialHardshipCriteria.aspx |
| COLORADO | x | https://hcpf.colorado.gov/third-party-liability | The heirs of a Medicaid recipient may submit a request to waive or compromise recovery from the estate on the basis of hardship. Determination of hardship is at the discretion of the Department. | http://www.comedicaidrecovery.com/co/faq_est.aspx |
| CONNECTICUT | x | https://www.cga.ct.gov/current/pub/chap_319s.htm#sec_17b-93 | An heir under the terms of a testamentary will of a deceased Medicaid recipient, or a survivor entitled under Connecticut statutes to a share of the estate of a deceased Medicaid recipient who died intestate, may apply to the Department of Social Services for undue hardship relief in the form of a full or partial waiver or deferral of the State’s claim for recovery against the decedent estate. | https://portal.ct.gov/-/media/Departments-and-Agencies/DSS/UPMs/UPM7---Benefit-Error-Recovery/7525_10.doc#:~:text=An%20application%20for%20undue%20hardship%20relief%20from%20the%20State's%20claim,recovery%20against%20the%20decedent%20estate |
| DELAWARE | x | https://regulations.delaware.gov/AdminCode/title16/20000 | This means DHSS will not force the sale of the property. Undue hardship exists for certain individuals who have resided in the home of the DHSS long term care recipient on a continuous basis for a period of at least two (2) years (24 consecutive months) immediately prior to the date of the DHSS long-term care recipient's admission to DHSS long-term care services. | https://regulations.delaware.gov/AdminCode/title16/20000 |
| *DISTRICT OF COLUMBIA | x | https://dcps.dc.gov/sites/default/files/dc/sites/dhcf/release_content/attachments/Info%20on%20Estate%20Recovery%20for%20DHCF%20gov_final.pdf | Undue hardship | http://dcrules.elaws.us/dcmr/29-6703/ |
| FLORIDA | Homestead protected | http://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. | |
| GEORGIA | x | https://medicaid.georgia.gov/programs/third-party-liability/medicaid-estate-recovery | Hardship 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. | https://rules.sos.state.ga.us/gac/111-3-8 |
| HAWAII | https://humanservices.hawaii.gov/wp-content/uploads/2013/10/HAR-17-1705-Medical-Assistance-Recovery.pdf | https://humanservices.hawaii.gov/wp-content/uploads/2013/10/HAR-17-1705-Medical-Assistance-Recovery.pdf | ||
| IDAHO | x | https://healthandwelfare.idaho.gov/services-programs/medicaid-health/about-medicaid-adults#Estate-recovery-process | Idaho will not pursue Medicaid estate recovery during the lifetime of the surviving spouse, regardless of where he or she lives, or from a surviving child who is under 21, or is blind or permanently disabled (based on Social Security criteria), regardless of where he or she lives. Idaho Medicaid Estate Recovery will exempt all property, whether held in trust or not, if the property is owned by an American Indian or Alaskan Native and located within the boundaries of a tribal reservation. | https://publicdocuments.dhw.idaho.gov/WebLink/DocView.aspx?id=34434&dbid=0&repo=PUBLIC-DOCUMENTS |
| ILLINOIS | x | https://hfs.illinois.gov/medicalclients/medicaidestaterecovery/guidetothemedicaidestaterecoveryprogram.html | The state may consider it a hardship when: 1) The estate property was a family business, farm, or ranch for at least 12 months before the person on Medicaid died and is the main source of income for the heirs; 2) The heirs would need financial help from the government if the state filed a claim to get money back; 3) The heirs could stop getting financial help from the government if the state did not file a claim. | https://hfs.illinois.gov/content/dam/soi/en/web/hfs/sitecollectiondocuments/revisedhardshipwaiverapplication040420222x.pdf |
| INDIANA | x | https://www.in.gov/fssa/ompp/medicaid-estate-recovery/ | The State will not seek recovery if it will result in a substantial and undue hardship for the surviving beneficiaries of the decedent’s estate. A surviving beneficiary who applies for an undue hardship waiver will have their application considered if they are an immediate family member. In exceptional circumstances, applications from non-immediate family members will be considered. | https://www.in.gov/fssa/ompp/medicaid-estate-recovery/office-of-medicaid-policy-and-planning/ |
| IOWA | x | https://hhs.iowa.gov/medicaid/member-services/estate-recovery | Any person who receives assets from the estate can request a hardship waiver if recovery would create a hardship. The guidelines for a hardship waiver are in the Iowa Administrative Code for income, assets, and if the heir would be deprived of food, clothing, shelter or medical care such that life or health would be endangered. | https://dhs.iowa.gov/sites/default/files/Comm266.pdf?041920201940 |
| KANSAS | x | https://khap.kdhe.ks.gov/KEESM/May_2018_Output/keesm1725.htm#:~:text=1725.2%20Liens%20%2D%20In%20cases%20where,on%20the%20recipient's%20real%20property. | If 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 | |
| KENTUCKY | x | https://www.chfs.ky.gov/agencies/dms/dpi/tpl/Pages/estaterecovery.aspx | Estate recovery is not done when there is a hardship reason. A hardship reason is: The estate is the only source of income for the remaining family members. Hardship reasons may be appealed. Other reasons for not pursuing estate recovery are: The total assessed value is $ 10,000 dollars or less; A surviving family member has continuing education needs; A surviving family has medical needs; If recovery is not cost effective. | https://www.chfs.ky.gov/agencies/dms/MAPForms/MAP708.pdf |
| LOUISIANA | x | https://ldh.la.gov/medicaid/long-term-care | Estate recovery is waived, if a first-degree heir (child of the decedent) had family income 300 percent or less of the Federal Poverty Income Level the year preceding the decedent’s death (as verified by LDH). Estate recovery may be waived, if one of the following applies to a first-degree heir (child of the decedent), is verified, and is approved by LDH: 1)One or more of the decedent’s son(s) and/or daughter(s) used and hopes to continue using the homestead as a means of livelihood, including farming or ranching; 2) Recovery would result in one or more of the decedent's son(s) and/or daughter(s) becoming eligible for public assistance including, but not limited to, Medicaid; or, 3) There are any other circumstances and evidence that recovery from the decedent's estate would jeopardize the son(s) and/or daughter(s) family or severely disrupt the family income of the decedent's son(s) and/or daughter(s), and the son(s)/daughter(s) have additional circumstances and evidence to present. | |
| MAINE | x | https://www.maine.gov/dhhs/oms/mainecare-options/older-adults-and-adults-with-disabilities | For members who are survived by a child or children of any age, there is a one-time family allowance that is exempt from estate recovery, currently at $17,900 for members who passed on or after January 1, 2023. The amount of the exemption is based on the year of the member’s date of death. | https://www.maine.gov/dhhs/sites/maine.gov.dhhs/files/inline-files/Estate%20Recovery%20Overview%20.pdf |
| MARYLAND | x | https://mmcp.health.maryland.gov/docs/estatefactsheet_1106final.pdf | A 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. | |
| MASSACHUSETTS | x | https://www.mass.gov/info-details/massachusetts-medicaid-estate-recovery | MassHealth will waive estate recovery for all probate estates valued at $25,000 or less. The personal representative still needs to send a copy of the petition and death certificate to MassHealth. There are also three hardship waivers a personal representative may apply for. | https://www.mass.gov/doc/estate-recovery-frequently-asked-questions-0/download |
| MICHIGAN | x | https://www.michigan.gov/mdhhs/0,5885,7-339-71547_4860_56113_58553---,00.html | An 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. | https://www.michigan.gov/mdhhs/-/media/Project/Websites/mdhhs/Assistance-Programs/Medicaid/MSA-0008-ER_Hardship_Application.pdf?rev=60e7be5a542649efaf589dea19c85f60&hash=60C97504E4747066585A0029F09694A4 |
| MINNESOTA | x | https://www.dhs.state.mn.us/main/idcplg?IdcService=GET_DYNAMIC_CONVERSION&RevisionSelectionMethod=LatestReleased&dDocName=SRU-020102 | Limits on collecting from surviving spouse, children under 21, and homesteads. | https://www.dhs.state.mn.us/main/idcplg?IdcService=GET_DYNAMIC_CONVERSION&RevisionSelectionMethod=LatestReleased&dDocName=SRU-0203 |
| MISSISSIPPI | x | https://medicaid.ms.gov/medicaid-coverage/member-services/estate-recovery/ | The requirements to qualify for the Hardship Waiver include, if you have: A legal surviving spouse living in the home, or a dependent child under the age of 21 living in the home, or a dependent child who is blind or disabled of any age living in the home, or a relative is residing in the home, who: 1.Resided there for at least one year immediately prior to the date of the beneficiary’s admission to the nursing home; or if the beneficiary was not in a nursing home, resided in the home for at least one year immediately prior to the date of the beneficiary’s first receipt of services subject to estate recovery. 2.This relative must have provided care to the beneficiary which delayed entrance into the nursing home or allowed the beneficiary to avoid entering the nursing home. 3.Must have been there on a continuous basis since that time. 4.Must have no other residence, or the property owned by the beneficiary was a source of income for the family (for example, a family farm). | https://medicaid.ms.gov/wp-content/uploads/2015/05/Fact-Sheet_Estate-Recovery.pdf |
| MISSOURI | x | https://mydss.mo.gov/mhd/cost-recovery | ||
| MONTANA | x | https://dphhs.mt.gov/assets/sltc/ombudsman/medicaidlienrecoveryestaterecoveryprogramfinal.pdf | A 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) | https://rules.mt.gov/browse/collections/aec52c46-128e-4279-9068-8af5d5432d74/policies/15c7ed0c-e5f9-4de9-b038-c36fe80eaf1f |
| NEBRASKA | x | https://dhhs.ne.gov/Pages/Medicaid-Estate-Recovery.aspx | https://public-dhhs.ne.gov/Forms/DisplayPDF.aspx?item=3710 | |
| NEVADA | x | http://dhcfp.nv.gov/uploadedFiles/dhcfpnvgov/content/Pgms/CPT/Medicaid_Estate_Recovery.pdf | Criteria 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 HAMPSHIRE | x | https://www.dhhs.nh.gov/doing-business-dhhs/legal-services/estate-recoveries | The department may waive adjustment or recovery in cases in which: (a) It is not cost-effective to recover from an individual's estate; or (b) Recovery would result in an undue hardship as determined in accordance with rules adopted pursuant to RSA 541-A. | https://gc.nh.gov/rsa/html/xii/167/167-mrg.htm |
| NEW JERSEY | x | https://www.state.nj.us/humanservices/dmahs/clients/The_NJ_Medicaid_Program_and_Estate_Recovery_What_You_Should_Know.pdf | DMAHS will not seek recovery if there is a surviving spouse or a surviving child who is under the age of 21, or is blind or permanently and totally disabled according to Social Security standards at 42 USC 1382c. In that case, repayment would be postponed until: 1. The child reached the age of 21, or, 2. The time of the spouse or child's death. When any of these exceptions to DMAHS' right to recover from an estate no longer apply (i.e., as a result of the death of a surviving spouse, attainment of age 21 by a surviving child, and/or recovery from disability or death of a blind or permanently and totally disabled child), DMAHS has a right to recover from any remaining estate assets at that time. | |
| NEW MEXICO | x | https://www.hsd.state.nm.us/wp-content/uploads/8.200.430.pdf | HSD, or its designee, may waive recovery because recovery would work an undue hardship on the heirs. The following are deemed to be causes for hardship: (a) the deceased recipient's heir would become eligible for a needs-based assistance program such as medicaid or temporary assistance to needy families (TANF) or be put at risk of serious deprivation without the receipt of the proceeds of the estate; (b) the deceased eligible recipient's heir would be able to discontinue reliance on a needs-based program (such as medicaid or TANF) if he or she received the inheritance from the estate; (c) the deceased recipient’s assets which are subject to recovery are the sole income source for the heir; (d) the homestead is worth 50 percent or less than the average price of a home in the county where the home is located based on census data compared to the property tax value of the home; or (e) there are other compelling circumstances as determined by HSD or its designee. | |
| NEW YORK | x | https://omig.ny.gov/casualty-estate-recovery-estate-recovery | Undue 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 CAROLINA | x | https://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_108A/GS_108A-70.5.html | The Department of Health and Human Services shall adopt rules pursuant to Chapter 150B of the General Statutes to implement the Plan, including rules to waive whole or partial recovery when this recovery would be inequitable because it would work an undue hardship or because it would not be administratively cost-effective and rules to ensure that all recipients are notified that their estates are subject to recovery at the time they become eligible to receive medical assistance. | |
| NORTH DAKOTA | x | https://www.hhs.nd.gov/healthcare-coverage/medicaid/estate-recovery | North Dakota limits claims for undue hardship to surviving spouses, children under age twenty-one (21), and adult children with disabilities. | https://www.hhs.nd.gov/sites/www/files/documents/legal/estate-recovery-policy-manual.pdf |
| OHIO | x | https://medicaid.ohio.gov/families-and-individuals/coverage/already-covered/estate-recovery-pdf | Undue 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. | https://codes.ohio.gov/ohio-administrative-code/rule-5160:1-2-07 |
| OKLAHOMA | x | https://oklahoma.gov/ohca/policies-and-rules/xpolicy/medical-assistance-for-adults-and-children-eligibility/icf-iid--hcbw-iid--and-individuals-age-65-or-older-in-mental-hea/medicaid-recovery-program/medicaid-recovery.html | Undue 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. | |
| OREGON | x | https://www.oregon.gov/odhs/financial-recovery/pages/estate-recovery.aspx | In determining whether an undue hardship exists, the Department may consider the following criteria: Whether enforcement of the claim would cause the waiver applicant to become eligible for assistance; and Whether enforcement of the claim would cause the waiver applicant, who would otherwise be eligible for assistance, to become homeless. | https://oregon.public.law/rules/oar_461-135-0841 |
| PENNSYLVANIA | x | https://www.pa.gov/agencies/dhs/resources/for-residents/estate-recovery | 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. | https://www.pa.gov/content/dam/copapwp-pagov/en/dhs/documents/services/other-services/documents/estate-recovery/Estate%20Recovery-Undue%20Hardship%20Waiver%20Request%20Form.pdf |
| *PUERTO RICO | x | http://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 ISLAND | x | https://webserver.rilegislature.gov/Statutes/TITLE40/40-8/40-8-15.htm | The lien shall not be effective and shall not attach as against the estate of a beneficiary who is survived by a spouse, or a child who is under the age of twenty-one (21), or a child who is blind or permanently and totally disabled as defined in Title XVI of the federal Social Security Act, 42 U.S.C. § 1381 et seq. | |
| SOUTH CAROLINA | x | https://www.scdhhs.gov/estate-recovery | Estate recovery may exempt some or all assets of a Medicaid beneficiary who is covered under a qualified long-term care partnership (QLTCP) insurance policy. Estate recovery will not seek adjustment or recovery from the beneficiary's estate to the extent benefits were paid under the QLTCP policy. | |
| SOUTH DAKOTA | x | https://dss.sd.gov/keyresources/benefitfraud/estate.aspx | The surviving spouse can file a Petition to Limit the Financial Responsibility of the Surviving Spouse with the Office of Recoveries and Fraud Investigations within six months of the Medicaid recipient’s death. The value of the surviving spouse’s estate at the time of the Medicaid recipient’s death will be determined. If the petition is granted, this value is the maximum amount recoverable for the deceased spouse. | https://dss.sd.gov/formsandpubs/docs/FRAUD/EstateRecoveryBrochure.pdf |
| TENNESSEE | x | https://www.tn.gov/tenncare/legal/estate-recovery.html | TennCare also recognizes the following situations as “undue hardships” that will either waive or delay recovery: 1) When the property of the estate is the sole income-producing asset of the survivors, such as a family farm or other family business. This undue hardship acts as a waiver to estate recovery. 2) When a sibling of the member, who acted as the member’s caretaker, meets the following criteria: a) The sibling was lawfully residing in the member’s home at least 1 year immediately before the member’s admission to the medical institution and b) The sibling provided care to such member for that 1 year, which permitted the member to reside in the home rather than in an institution and c) The sibling has lawfully resided in such home on a continuous basis since the date of the member’s admission to the medical institution. d) This undue hardship only exists for as long as the member’s sibling resides in the home. This undue hardship no longer applies when the sibling caretaker moves out of the property, sells the property, or passes away. 3) When a son or daughter of the member, who acted as the member’s caretaker, meets the following criteria: a) The son or daughter was lawfully residing in the member’s home for at least 2 years immediately before the member’s admission to the medical institution and b) The son or daughter provided care to such member for those 2 years, which permitted the member to reside at home rather than in an institution and c) The son or daughter has lawfully resided in such home on a continuous basis since the date of the member’s admission to the medical institution. d) This undue hardship only exists for as long as the member’s child resides in the home. This undue hardship no longer applies when the child caretaker moves out of the property, sells the property, or passes away. | https://www.tn.gov/content/dam/tn/tenncare/documents/releaseform.pdf |
| TEXAS | x | https://www.hhs.texas.gov/regulations/legal-information/your-guide-medicaid-estate-recovery-program | The state will not ask for money when: there is a spouse who is still alive; there is a child under 21 years of age; there is a child of any age who is blind or permanently and totally disabled under Social Security requirements; the value of the estate is $10,000 or less; the amount of Medicaid costs is $3,000 or less; there is an unmarried adult child who lived full-time in the Medicaid person's home for at least one year before this person died; the cost of selling the property is more than the property is worth. Also, the state will not ask for money when this would cause an undue hardship for the heirs. | https://www.hhs.texas.gov/regulations/forms/5000-5999/form-5006-application-hardship-waiver |
| UTAH | x | https://medicaid.utah.gov/Estate-Recovery/ | Some adult children or siblings of the Medicaid recipient may also have certain protections. Members of American Indian or Alaskan Native groups may have other protections. | https://ors.utah.gov/medicaid-recovery/estate-recovery/ |
| VERMONT | x | https://dvha.vermont.gov/sites/dvha/files/doc_library/204REC%20fillable.pdf | The DVHA will not seek recovery from estates under $2000 or when it determines it would cause an undue hardship (Medicaid Rule 7108.3). An undue hardship will be found to exist if, in the case of the individual’s home: - a sibling has been living in the home continuously for at least one year immediately before the date of the individual’s admission to long-term care; or - a son or daughter, who has been living in the home continuously for at least two years immediately before the date of the individual’s admission to long-term care, provided care that allowed the individual to reside at home rather than in a long-term care living arrangement; or - a sibling or lineal heir, who will inherit the home, has gross family income less than 300% of the federal poverty level or provided care that allowed the individual to avoid long-term care or to delay it by at least six months. | |
| VIRGINIA | x | https://www.dmas.virginia.gov/media/5997/revised-estate-recovery-fact-sheet-08-24-2022.pdf | Special consideration may be shown when the estate is the sole income-producing asset of survivors such as a family farm, family business, or a homestead of modest value. Certain American Indian and Alaska Native income and resources interests or income derived from tribal land/resources are exempt from estate recovery by other laws and regulations. The amount of assets or resources that were disregarded as a result of the individual’s ownership of a long-term care partnership policy (12VAC30-40-290 G) is also not subject to estate recovery. Heirs who want to keep the property/home instead of selling it may contact DMAS to arrange for other repayment options. DMAS may waive all or part of its claim for estate recovery if it determines that enforcement of the claim would result in an undue hardship on the Medicaid member’s dependent or heir. If an undue hardship is requested and denied, a written request for an appeal may be filed within 30 days after receipt of the DMAS denial letter or the distribution of estate assets, whichever occurs first. | https://law.lis.virginia.gov/admincode/title12/agency30/chapter20/section141/#:~:text=Whenever%20estate%20recovery%20would%20work,heirs%20are%20themselves%20Medicaid%20eligible. |
| WASHINGTON | x | https://www.hca.wa.gov/free-or-low-cost-health-care/i-help-others-apply-and-access-apple-health/estate-recovery | Certain tribal assets are exempt from recovery. WAC 182-527-2746 (6) describes rules that are specific to American Indians and Alaska Natives. The rule lists what resources and properties belonging to American Indians and Alaska Natives are excluded from estate recovery. Certain government reparation payments; and assets protected by a qualified long-term care partnership policy. | https://www.dshs.wa.gov/sites/default/files/forms/pdf/14-454.pdf |
| WEST VIRGINIA | x | https://code.wvlegislature.gov/9-5-11c/ | No lien may be imposed on such individual's home when the home is the lawful residence of: (1) The spouse of the individual; (2) the individual's child who is under the age of twenty-one; (3) the individual's child meets the Social Security Act's definition of blindness or permanent and total disability; or (4) the individual's sibling has an equity interest in the home and was residing in the home for a period of at least one year immediately before the date of the individual's admission to a medical institution. | |
| WISCONSIN | x | https://www.dhs.wisconsin.gov/medicaid/erp.htm | There are standards for determining whether the Department’s recovery would result in an undue hardship for an heir, beneficiary, or coowner. An 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. | https://www.dhs.wisconsin.gov/publications/p0/p00694.pdf |
| WYOMING | x | https://health.wyo.gov/wp-content/uploads/2023/03/2022.03.31-New-Wyoming-Medicaid-Estate-Recovery-Brochure.pdf | Under special circumstances, Wyoming Medicaid allows for an undue hardship waiver from estate recovery. The 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. If the heirs believe they may qualify, contact the Division of Healthcare Financing | |
| GUAM | ||||
| LAST UPDATE | 08/2025 |