Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation.
Understanding Medicaid Estate Recovery in Michigan
Under Michigan law, the Department of Health and Human Services (MDHHS) may recover Medicaid benefits paid on behalf of a recipient by filing a claim against that recipient’s probate estate after death. See MCL 400.112d (estate recovery) and MCL 400.104 (subrogation). The claim typically appears as a creditor’s proof of claim in the decedent’s probate file.
Steps to Obtain Documentation
- Identify the Probate Case
Determine the county probate court where the decedent’s estate was opened. You can search online dockets or contact the court clerk to find the case number and file date. - Request Probate Court Records
File a request with the probate court clerk for copies of all documents related to the estate, including the MDHHS proof of claim. Under Michigan Court Rules (MCR 1.108 and MCR 8.119), court files are public unless sealed. You may pay a nominal copying fee. - Review the Proof of Claim
The MDHHS proof of claim lists the total amount they seek to recover. Note the service dates, itemized benefits and calculation method. Compare these figures against estate inventories. - Submit a FOIA Request to MDHHS
For internal agency records—for example, eligibility files, Notices of Estate Recovery and correspondence—file a Freedom of Information Act request under MCL 15.231 et seq. Submit your request online at the Michigan FOIA portal (https://www.michigan.gov/foia). Request “Medicaid estate recovery case file for [Name], date of birth [DOB], case number [case #].” - Obtain Medical and Billing Records
If you need detailed service records, contact the provider(s) listed in the proof of claim. You may need a HIPAA authorization to receive copies of medical bills supporting the claim amount. - Consult Public Michigan Statutes
Review the statutory framework online at the Michigan Legislature website. Key sections include:- MCL 400.112d (estate recovery): https://www.legislature.mi.gov/mcl/400-112d
- MCL 400.104 (subrogation): https://www.legislature.mi.gov/mcl/400-104
- MCL 15.231 (FOIA): https://www.legislature.mi.gov/mcl/15-231
Reviewing the Documentation
Once you have the probate claim, FOIA records and medical bills, perform the following review:
- Compare dates of service and dollar amounts against the decedent’s estate assets.
- Confirm the MDHHS claim was timely filed (within 4 months of notice to creditors under MCR 5.501).
- Check for duplicate claims or overcharges by cross-referencing provider invoices.
- Note any deadlines to contest the claim or request a waiver (e.g., undue hardship waivers under MCL 400.112d(3)).
Helpful Hints
- Keep a detailed checklist of all documents requested and received.
- Track all deadlines in a shared calendar (probate objections, FOIA response times, waiver requests).
- Request certified copies of any probate filings for accuracy.
- Consult a probate or elder-law attorney before filing objections or waiver petitions.
- Review MDHHS’s Estate Recovery Program page for updates: https://www.michigan.gov/mdhhs/assistance-programs/health-care/medicaid/estate-recovery