Detailed Answer
Under Mississippi law, the Department of Human Services (MDHS) may recover Medicaid benefits paid on behalf of a recipient from that person’s estate after death. Federal law (42 U.S.C. §1396p(b)) requires each state to seek repayment for benefits paid, and Mississippi implements this through Miss. Code Ann. §43-13-117. Recovery typically occurs during probate, when MDHS files a claim against the estate.
1. Establish Your Authority
- Obtain a certified copy of the death certificate.
- If you are named personal representative or executor, secure Letters Testamentary or Letters of Administration from the chancery clerk.
- If no representative is appointed, petition the Chancery Court of the county where the decedent resided to be named.
2. Request MDHS Claim Documentation
- Submit a written request to MDHS’s Division of Medicaid in Jackson. Include your name, contact information, estate name, and proof of appointment. Cite the Mississippi Public Records Act (Miss. Code Ann. §25-61-1 et seq.).
- Ask for all documents related to the estate recovery claim: application, notices, computation worksheets, medical billing records, and any waivers or exemptions claimed.
- Allow up to 10 business days for MDHS to acknowledge your request and up to 30 days for production.
3. Obtain Probate Court Filings
- Visit the chancery clerk’s office in the county where probate is pending. Request the estate’s file and docket sheet.
- Locate MDHS’s filed claim under Mississippi Rules of Chancery Court, Rule 4.100. This rule governs proof and allowance of claims.
- Review the face of the claim, amount asserted, timing, and any objections by heirs or creditors.
4. Analyze the Recovery Claim
- Verify the total Medicaid payments and dates match the estate’s records.
- Check homestead exemptions under Miss. Code Ann. §43-13-117(1)(e). The surviving spouse, minor child, or disabled child may exempt the home.
- Identify any hardship waivers MDHS may have applied.
- Compare medical expenses and insurance reimbursements to avoid duplicate recovery.
5. Respond or Object
- If MDHS’s claim appears excessive or inaccurate, file a written objection with the chancery clerk. Mississippi Rules of Chancery Court require objections within 10 months after first publication of notice to creditors.
- You may serve MDHS and other parties with your objection. Request a hearing date.
- If MDHS fails to provide documentation, file a motion to compel under Miss. R. Civ. P. 37, urging the court to order production.
6. Next Steps
- Carefully track all correspondence and deadlines in the probate docket.
- Consider consulting an attorney with experience in probate and Medicaid estate recovery for contested matters.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Helpful Hints
- Keep detailed copies of every request and response from MDHS.
- Note all statutory deadlines: probate objections often close 10 months after notice (Miss. R. Ch. Ct. 4.100).
- Review Miss. Code Ann. §43-13-117 for estate recovery exemptions and waivers: https://law.justia.com/codes/mississippi/2018/title-43/chapter-13/section-43-13-117/.
- Use the Mississippi Public Records Act (Miss. Code Ann. §25-61-1 et seq.) when requesting government-held documents.
- If you hit roadblocks, file motions in chancery court to compel MDHS to disclose complete records.