Detailed Answer
Disclaimer: This article is for informational purposes only and does not constitute legal advice. You should consult a qualified attorney for guidance on your specific situation.
Nevada’s Medicaid Estate Recovery Program can file a claim against a deceased beneficiary’s probate estate to recover costs paid for long-term care and home-and-community-based services. Under Nevada law, the Division of Welfare and Supportive Services asserts liens per NRS 414.090 and NRS 449.527. If you inherit real property from that estate, you may face recovery claims.
Federal law at 42 C.F.R. § 433.274 requires states to waive estate recovery in cases of undue hardship. Nevada implements this by offering a hardship waiver when pursuing recovery would deprive a surviving heir of basic needs or cause severe financial distress.
Step 1: Confirm Your Risk of Estate Recovery
Review the Medicaid Notice of Estate Recovery you receive after the beneficiary’s death. That notice will describe the amount claimed and your deadline to respond, usually within 30 days.
Step 2: Gather Required Documentation
- Death certificate of the Medicaid beneficiary
- Proof of your ownership or inheritance (e.g., letters testamentary or court order)
- Current property appraisal or county assessment
- Evidence of income and expenses (e.g., pay stubs, bills)
- A written statement explaining why recovery would cause undue hardship
Step 3: Complete a Hardship Waiver Request
Obtain the Medicaid Hardship Waiver Request form from the Nevada Division of Welfare and Supportive Services (DWSS) website or call the Estate Recovery Unit. Fill in your contact details, the case number from your notice, and attach all documentation.
Step 4: Submit Your Request
Mail or deliver your waiver package to:
Nevada Division of Welfare and Supportive Services
Estate Recovery Unit
1210 South Valley View Boulevard, Suite 104
Las Vegas, NV 89102
Alternatively, follow any submission instructions provided on your estate recovery notice.
Step 5: Await the Decision and Appeal if Needed
DWSS must review your request and issue a decision within a reasonable time. If they grant the waiver, the lien on your inherited property will be released or reduced. If they deny it, you have the right to an administrative hearing under NRS 233B. File your appeal within the deadline specified in your denial letter.
Helpful Hints
- Act quickly: Submit your waiver within the 30-day deadline to avoid default recovery.
- Document hardship clearly: Show how recovery would affect your basic living needs.
- Keep copies: Retain all forms, notices, and correspondence for your records.
- Follow up in writing: Confirm receipt and track the progress of your waiver request.
- Consider professional help: An elder-law attorney or certified Medicaid planner can guide you through complex filings.