Detailed Answer
Under Washington law, the Health Care Authority’s Estate Recovery Program may seek reimbursement from the estate of a deceased Medicaid recipient for Medicaid costs paid on their behalf. See RCW 74.09.525 and 42 C.F.R. § 433.36 (eCFR).
However, you can request a hardship waiver if estate recovery would cause undue hardship to heirs or beneficiaries. Washington implements the federal hardship waiver authority in its state plan. The HCA may waive recovery when collection would deprive heirs of assets essential to their financial well-being.
Steps to Apply for a Hardship Waiver
- Confirm Receipt of Recovery Notice: After a Medicaid recipient’s death, the HCA sends a Notice of Estate Recovery to the personal representative or heirs outlining the claim.
- Review Automatic Exceptions: No recovery occurs while a surviving spouse or a minor/disabled child lives in the home (RCW 74.09.525).
- Gather Documentation:
- Cover letter explaining the hardship.
- Financial affidavit with income, expenses, and asset values.
- Independent appraisal of property value.
- Proof of relationship or dependency (if applicable).
- Submit Your Request: Mail the hardship waiver request within 90 days of the notice date to:
Health Care Authority
Estate Recovery Program
P.O. Box 45540
Olympia, WA 98504-5540
- Await Decision: HCA typically issues a written decision within 90 days of receiving a complete request. They may request more information during review.
- Appeal if Denied: If the waiver is denied, you may request an administrative hearing under Washington law (WAC 182-02).
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consider consulting a qualified attorney for guidance.
Helpful Hints
- File the waiver request promptly—observe all deadlines.
- Provide clear evidence showing undue hardship.
- Keep copies of all notices, forms, and correspondence.
- Obtain a professional property appraisal for accuracy.
- Consult an elder law attorney for complex estates or questions.