Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific circumstances.
Detailed Answer
After a Missouri resident’s death, the Missouri Department of Social Services (DSS) may recover Medicaid (MO HealthNet) benefits paid on behalf of the individual from the decedent’s estate. This procedure is known as Medicaid estate recovery. See RSMo § 208.151 (revisor.mo.gov) and 42 C.F.R. § 433.36–37 (ecfr.gov).
To obtain and review documentation supporting a Medicaid claim against an inherited estate in Missouri, follow these steps:
- Identify the Estate Representative: The personal representative or executor appointed by the probate court receives notice of the State’s claim.
- Request the Notice of Claim: DSS must mail a Notice of Claim to the estate representative outlining the total amount, claim period, and beneficiary details. Retain this notice as the primary summary of the State’s demand.
- Obtain Detailed Records from DSS: Submit a written request to the MO HealthNet Estate Recovery Unit at:
Missouri Department of Social Services
MO HealthNet Division – Estate Recovery
P.O. Box 6500
Jefferson City, MO 65102
Include in your request the decedent’s name, date of birth, Social Security number, and probate case number. Specifically ask for an itemized statement of benefits paid, a claim ledger, and supporting medical provider invoices.
- Use the Missouri Sunshine Law: If DSS does not provide records within a reasonable time, file a Sunshine Law request under RSMo § 610.010 (revisor.mo.gov) to access public records maintained by DSS.
- Access Probate Court Records: Visit the circuit clerk’s office in the county where probate is filed. Request copies of the State’s Proof of Claim, which typically includes itemized charges and supporting documents filed in the probate case.
- Review and Compare: Cross-check DSS’s itemized statement with the probate inventory. Verify dates of service, amounts paid by MO HealthNet, and any duplicate or erroneous entries.
- Appeal if Necessary: If you find errors, file an administrative appeal with DSS within 30 days of receiving the Notice of Claim, following procedures in RSMo § 536.100 (revisor.mo.gov). You may also contest the claim in probate court during estate administration.
Helpful Hints
- Keep copies of the death certificate and Letters of Administration when requesting records.
- Note all communications—dates, names, and summaries—when dealing with DSS.
- Review DSS’s response for redactions; request full unredacted copies if necessary.
- Consult probate court rules for copying fees and procedures.
- Engage a probate or elder-law attorney if you face complex disputes or large claims.