Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney regarding your specific situation.
Detailed Answer
When an individual receives Medicaid benefits in North Dakota and later passes away, the Department of Human Services (DHS) may file a claim against the deceased’s estate to recover costs for long-term care or related services. To obtain and review documentation of that claim, follow these steps:
1. Confirm Probate Proceedings
If the estate underwent probate in county district court, all creditor claims—including the DHS Medicaid claim—must be filed in the probate file. Locate the probate case number by contacting the county clerk’s office where the decedent lived at death.
2. Access Probate Court Records
You may view or copy documents at the county courthouse. Many North Dakota districts also offer online access through eCourts Odyssey. Look for the Notice of Claim filed by the DHS Estate Recovery Unit.
3. Request Records from DHS Estate Recovery
If probate did not apply or you need additional detail, contact the Estate Recovery Unit of DHS:
- Phone: (701) 328-2323
- Email: estate.recovery@nd.gov
Provide the decedent’s full name, date of death, and last address. Ask DHS to send you:
- Itemized statements of Medicaid payments.
- Explanation of Benefits (EOBs).
- Copies of any formal claim filings.
4. Understand North Dakota Estate Recovery Law
North Dakota law requires recovery of Medicaid benefits from the estates of certain deceased beneficiaries. Key statutes include:
- NDCC 50-24.1-37 (Authority to recover costs).
- NDCC 50-24.1-38 (Procedure for filing claims).
- NDCC 50-24.1-39 (Appeals and waiver options).
5. Review and Verify Claim Details
Once you have the documentation, verify:
- Dates of service match the period the decedent received Medicaid.
- Amounts claimed correspond to official EOBs.
- No duplicate or unauthorized charges appear.
If discrepancies arise, you have the right to request an administrative appeal under NDCC 50-24.1-39.
Helpful Hints
- Keep a folder with all probate papers and DHS correspondence.
- Note deadlines: ND allows 30 days to object to a claim after notice.
- Use the county clerk’s public terminal to view any probate docket sheet for free.
- Ask DHS for a spreadsheet of dates and amounts if paperwork is voluminous.
- Consider consulting a probate attorney if the claim seems excessive or incorrect.