Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney for advice on your specific situation.
Detailed Answer
In New York, when a Medicaid recipient passes away owning a probate estate, the Department of Health may file a claim against the estate to recover benefits paid on the recipient’s behalf. You, as an heir or personal representative, can obtain and review documentation of that claim by following these steps:
1. Check the Surrogate’s Court File
When you open probate in the Surrogate’s Court of the decedent’s county, the court clerk creates a file that includes creditor claims, estate accountings, and the estate inventory (N.Y. Sur. Ct. Proc. Act § 207). Request a copy of:
- Creditor’s Claim Form filed by the New York State Department of Health.
- Estate Inventory (U & T Form Inventory & Appraisement).
- Accountings submitted by the personal representative.
2. Obtain a Copy of the Medicaid Notice of Claim
New York Social Services Law § 369 requires the Department of Health to send a written notice of claim to the estate’s personal representative. You can:
- Contact the local Department of Health office where the recipient lived. Ask for a copy of the notice and the supporting ledger showing benefits paid. Link: SSL § 369.
- Submit a Freedom of Information Law (FOIL) request to the New York State Department of Health for records related to the claim (NY FOIL guidance).
3. Review Federal and State Statutes
Federal law authorizes state estate recovery: 42 U.S.C. § 1396p(b) requires states to seek reimbursement for long‐term care benefits. Review how New York calculates its claim:
- 42 U.S.C. § 1396p(b).
- N.Y. SSL § 369 regarding timing and notice requirements.
4. Analyze the Estate Accounting
Once you have the accountings and the claim form, compare the Medicaid claim amount to the estate’s assets and distributions. Ensure the claim only covers allowable long‐term care benefits and observe any limitations, such as claims against exempt property (e.g., a surviving spouse’s residence under SSL § 369-d).
Helpful Hints
- File objections to the Medicaid claim promptly in Surrogate’s Court if you believe it’s incorrect.
- Note the deadline for submitting creditor claims—usually eight months from probate appointment (Sur. Ct. Proc. Act § 1802).
- Keep copies of all correspondence and certified mail receipts when requesting records.
- Review past estate accountings for transfers that may affect the claim (gifts made within five years of death).
- Consider hiring a probate or elder‐law attorney for complex objections or appeals.
- Use online ports of the New York State Unified Court System to track filings and court dates.
By obtaining the Surrogate’s Court documents, the Medicaid notice of claim, and reviewing the relevant New York statutes, you can fully understand and, if appropriate, contest a Medicaid claim against an inherited estate.