Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice on your specific situation.
Detailed Answer
When a deceased individual received Medicaid long-term care benefits, Tennessee seeks repayment from the recipient’s estate. To obtain and review documentation of a Medicaid claim against an inherited estate, follow these steps:
- Identify the Personal Representative or Executor. The court appoints an executor (if there’s a will) or an administrator (if there’s no will) to manage the estate. Obtain a copy of the Letters Testamentary or Letters of Administration from the county probate court.
- Locate the Probate File. Visit the county probate court clerk where the decedent’s estate is being administered. Request a certified copy of the full probate file, which typically includes notices, claims, inventories and accountings.
- Request Medicaid Estate Recovery Records. Contact the Medicaid Estate Recovery Unit (MERU) within the Tennessee Department of Human Services (DHS). Submit a written request for the claim documentation under the Tennessee Public Records Act, Tenn. Code Ann. § 10-7-503. Provide the decedent’s full name, date of birth, Medicaid ID (if known), and case number.
- Review Statutory Authority. Tennessee law authorizes recovery of Medicaid payments from the estate per Tenn. Code Ann. § 71-5-117 and § 71-5-118. You can review these sections online:
Tenn. Code Ann. § 71-5-117 (Recovery of Payments)
Tenn. Code Ann. § 71-5-118 (Reimbursement for Long-Term Care) - Analyze the Claim. Once you receive the DHS response and the probate documents, verify the amount, dates of service, and any surviving spouse or minor child exemptions. Tennessee law defers recovery if the estate’s net value falls below a certain threshold or if survivors qualify for an exemption.
- Dispute or Negotiate If Necessary. If you believe the claim contains errors, file a written appeal with DHS within 30 days of receiving notice. Tennessee rules for administrative hearings appear in Tenn. Comp. R. & Regs. 1240-03-05.
Helpful Hints
- Keep detailed records of all correspondence with the probate court and DHS.
- Compare the DHS claim to the probate inventory to spot discrepancies.
- Check for exemptions: surviving spouse, minor child, or disabled child may shield assets.
- Use certified mail for all requests and retain copies of receipts.
- If timelines or amounts seem off, consult an attorney experienced in Tennessee estate matters.