Disclaimer: This information is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for advice on your situation.
Detailed Answer
Applying for a Medicaid hardship waiver in Texas can help protect inherited property from estate recovery claims. Estate recovery allows the Health and Human Services Commission (HHSC) to recover Medicaid benefits paid for long-term care services after a recipient turns 55. A hardship waiver asks HHSC to excuse recovery when it would cause undue hardship to your family.
1. Understand Medicaid Estate Recovery in Texas
Under Texas Health & Safety Code § 321.506, HHSC may recover Medicaid benefits from a recipient’s estate. Federal law (42 U.S.C. § 1396p) authorizes state recovery programs. Texas limits recovery when a surviving spouse, minor or disabled child resides in the home or when collection would cause undue hardship.
• Texas HS Code § 321.506: statutes.capitol.texas.gov/HS.321.506
• Federal rule 42 CFR 433.36: law.cornell.edu/cfr/text/42/433.36
2. Determine Hardship Waiver Eligibility
You may qualify for a hardship waiver if recovery would:
- Force sale of the family home when minor or disabled children live there.
- Displace a surviving spouse from their residence.
- Inflict significant financial hardship on dependents.
Texas does not grant a general hardship waiver beyond these limited situations.
3. Gather Required Documentation
- Death certificate of the Medicaid recipient.
- Proof of inheritance or property ownership (will, deed).
- Residency evidence for spouse, minor or disabled child (bills, lease).
- Financial statements showing income, expenses and assets.
- Medical records supporting any disability claim.
4. Submit the Hardship Waiver Request
- Contact HHSC Estate Recovery Unit at 1-800-880-6260 or visit hhs.texas.gov/estate-recovery.
- Request and complete the “Estate Recovery Hardship Waiver Request” form.
- Attach all supporting documents.
- Mail the package via certified mail to the address on the HHSC website.
5. Follow Up and Appeal
HHSC will review your request and issue a decision, normally within 90 days. If HHSC denies the waiver, you have 60 days to file an appeal with the State Office of Administrative Hearings.
Helpful Hints
- Keep photocopies of every document you submit.
- Send waiver requests by certified mail with a return receipt.
- Note all deadlines and track appeal timelines.
- Consult an elder law attorney if you encounter challenges.
- Organize files with clear labels: death certificates, deeds, financials.