Detailed Answer
Under Maryland law, following the death of a Medicaid recipient, the Maryland Department of Health (MDH) may recover benefits paid on behalf of the decedent from the decedent’s estate. This program is governed by Md. Health–General §15-103 (Health–General §15-103) and §15-104.
1. Confirm Your Authority to Access Records
Maryland law limits estate and Medicaid claim documents to the personal representative (PR) or other interested parties. Verify the PR’s appointment by obtaining a copy of Letters of Administration or the court-issued appointment order from the circuit court (see Estates & Trusts §7-102).
2. Obtain Probate Court Records
Visit the circuit court in the county where the estate is probated. Request the estate file, including:
- Letters of Administration or Will;
- Inventory and appraisement schedule;
- Any notice of state claims filed by MDH under Md. Health–General §15-103.
3. Request Medicaid Estate Recovery Documentation
Submit a written request to the MDH Estate Recovery Unit or the Maryland Department of Human Services (DHS) under the Maryland Public Information Act (State Government §§4-101 et seq.; see GOV §4-101). Include:
- Decedent’s full name and date of death
- Medicaid client ID number
- PR’s contact information and proof of authority
Mail or email your request to the MDH FOIA office at dhmh.foia@maryland.gov or submit via the DHS FOIA portal.
4. Review the Notice of State Claim
After processing, MDH will issue a “Notice of State Claim” to the PR and the probate court. This notice details the total Medicaid benefits recovered, dates of service, and providers.
5. Analyze Supporting Records
Request copies of itemized benefit records, including:
- Provider invoices and statements
- Medicaid eligibility files
- Service authorizations
These records help you verify each charge and understand the calculation of the claim.
If you dispute the claim amount, file an exception in probate court or request an administrative hearing with MDH Estates Recovery within 60 days of the notice, as set out in COMAR 10.09.24.04 (COMAR 10.09.24.04).
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Helpful Hints
- Keep copies of all correspondence with MDH and the court.
- Track deadlines carefully to preserve your right to dispute.
- Use certified mail when submitting and receiving important documents.
- Consider consulting a probate attorney for complex estates or large claims.
- Investigate surviving spouse or minor/disabled child exemptions before settling the claim.