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Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult an attorney to address your specific circumstances.

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Understanding Vermont’s Medicaid Estate Recovery Program

Under federal law, Vermont must recover certain Medicaid benefits paid on behalf of individuals after their death. See 42 U.S.C. § 1396p (link) and 42 C.F.R. § 433.36 (link). Vermont’s statutes codify this in Title 33 V.S.A. §§ 1951–1957, focusing on services for beneficiaries aged 55 or older or those permanently institutionalized (33 V.S.A. § 1951).

What Is an Undue Hardship Waiver?

Vermont law allows heirs to request a waiver of estate recovery when repayment would impose undue hardship. Under 33 V.S.A. § 1954, a waiver may be granted if enforcing recovery against inherited property would deprive you of your primary residence or essential resources (33 V.S.A. § 1954).

Step-by-Step Application Guide

1. Gather Required Documents: Obtain the decedent’s death certificate, will or letters of administration, proof of your relationship to the estate (e.g., letters testamentary), financial statements, and a detailed hardship statement explaining how recovery would affect your housing or livelihood.
2. Obtain the Waiver Form: Download the “Estate Recovery Undue Hardship Waiver Request” form from the Department of Vermont Health Access (DVHA) website: dvha.vermont.gov/estate-recovery.
3. Complete and Assemble Your Packet: Fill out the form, attach all supporting documents, and prepare a cover letter summarizing your request.
4. Submit to DVHA: Mail or deliver your packet to DVHA’s Program Integrity Unit at:
   Department of Vermont Health Access
   Program Integrity Unit – Estate Recovery
   280 State Drive, NOB 1 South
   Waterbury, VT 05671-1000
5. Await a Decision: Vermont law does not set a strict deadline, but DVHA aims to decide within 90 days of receipt.
6. Appeal if Necessary: If your waiver is denied, you can file an appeal under the Vermont Rules for Administrative Procedure within 30 days of the decision.

Helpful Hints

• Start early: Estate recovery processes can be time-consuming.
• Keep organized: Use a checklist for all required documents.
• Consult professionals: A probate or elder law attorney can guide you through estate administration.
• Document financial hardship: Provide clear records of income and expenses.
• Explore other relief options: Some heirs may qualify for public or nonprofit assistance.