Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult an attorney for advice regarding your specific situation.
Detailed Answer
If you’ve inherited property and Medicaid paid for the decedent’s long-term care, Virginia’s Medicaid Estate Recovery Program may file a claim against the estate. Under Va. Code § 32.1-325.1, the Department of Medical Assistance Services (DMAS) must present its claim in the probate proceeding. To obtain and review all documentation related to that claim, follow these steps:
1. Locate the Probate Case
Identify the circuit court handling the decedent’s probate file—typically the court in the county where they lived. Use the court’s online index or visit in person to search by the decedent’s name, date of death, or estate file number.
2. Access Probate Records
Request certified or uncertified copies of the probate file from the clerk’s office. There is usually a per-page fee. You may also access certain records via the court’s e-filing portal if available.
3. Identify the DMAS Claim
Within the probate documents, look for a proof of claim filed by “Department of Medical Assistance Services.” DMAS must file within 12 months of appointing the personal representative under Va. Code § 64.2-110. The claim will state the amount sought and the period of care.
4. Request Underlying Documents from DMAS
For more detailed medical and financial records used by DMAS to calculate the claim, submit a FOIA request to DMAS under Va. Code § 2.2-3704. Include the decedent’s name, date of birth, and probate case number. DMAS will provide non-privileged records; certain medical data may be redacted to protect privacy.
5. Review and Challenge the Claim
Examine the claim’s calculations, service dates, and supporting documents. If you believe DMAS overstates its recovery or filed late, you may file exceptions or objections in the probate case within 30 days of service of the claim (Va. Code § 64.2-110). Consider consulting an attorney to assist with objections or settlement negotiations.
Helpful Hints
- Obtain certified copies of the will and letters testamentary or of administration before requesting a DMAS claim.
- Check the court’s online docket for upcoming hearings or deadlines tied to the claim.
- Bring the probate file number, decedent’s date of death, and your identification when requesting records.
- Track all fees paid for copies and research; they may be allowable estate expenses.
- If you disagree with DMAS’s position, explore mediation or alternative dispute resolution to limit legal costs.