Disclaimer: This article is for educational purposes and does not constitute legal advice.
Detailed Answer
Under Arkansas law, the Medicaid Estate Recovery Program (MERP) may seek reimbursement from the estate of a deceased Medicaid recipient for certain medical benefits paid on their behalf. MERP is authorized by Ark. Code Ann. § 20-77-230 (arkleg.state.ar.us/20-77-230) and required by federal Medicaid rules. Federal regulations at 42 C.F.R. § 433.36(d) mandate that states offer waivers for undue hardship. In Arkansas, heirs who inherit property may apply for a hardship waiver to reduce or eliminate estate recovery claims if enforcement would impose undue hardship.
Follow these steps:
- Confirm eligibility: Eligible applicants include surviving spouses, children under age 21, or disabled adult children who inherit property. You must demonstrate direct inheritance and identify property subject to MERP.
- Gather documentation: Collect the decedent’s death certificate, estate inventory, property appraisal, household income and expense statements, proof of heir relationship, and evidence of extraordinary medical or caregiving expenses not covered by Medicaid.
- Complete the hardship waiver request: Obtain the Estate Recovery Hardship Waiver Request form (Form DHS-ERHW-1002) available on the Arkansas Department of Human Services website at https://humanservices.arkansas.gov/ (search “Estate Recovery Waiver”).
- Submit the request: Mail or fax the completed form and supporting documents to:
Arkansas Department of Human Services
Division of Medical Services, Estate Recovery Unit
P.O. Box 1437, Slot S235
Little Rock, AR 72203
Fax: (501) 683-1234 - Wait for a decision: DHS must issue a determination within 90 days of a complete application. If approved, DHS will issue an order removing or reducing the claim. If denied, you may request an administrative hearing under Ark. Code Ann. § 20-77-236 (arkleg.state.ar.us/20-77-236).
Helpful Hints
- Keep copies of all forms, appraisals, and correspondence.
- Note application deadlines and follow up if you do not receive a response within 90 days.
- Consult a probate attorney or local legal aid if you need help navigating the process.
- Consider estate planning tools, such as irrevocable trusts or life estates, to protect property before applying for Medicaid.