Disclaimer
This article provides general information about Colorado’s Medicaid estate recovery process. It does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Detailed Answer
1. Overview of Colorado’s Medicaid Estate Recovery Program
Under the federal Medicaid law (42 U.S.C. § 1396p(b)) and Colorado law (C.R.S. § 26-2-1203), the state can seek reimbursement from the estate of a deceased Medicaid recipient for certain long-term care services. The Colorado Department of Health Care Policy & Financing (HCPF) oversees this program. For program details, visit the Colorado Medicaid Estate Recovery page.
2. Identify Notice and Deadlines
When HCPF files a claim, it typically notifies the personal representative or next of kin of the estate. That notice sets deadlines for responding or disputing the claim. You must track these dates carefully to preserve your rights.
3. Request Records from HCPF
You can request a copy of the claim file directly from HCPF. Send a written request by certified mail to the Estate Recovery Unit, including the decedent’s name, Medicaid ID, date of death, and your relationship. Colorado’s Open Records Act (C.R.S. § 24-72-201 et seq.) also allows you to file a Public Records Request with HCPF to obtain internal correspondence, medical records, and cost calculations.
4. Access Probate Court Records
Probate files often include the inventory, accounting, and notices you need. Visit the county probate court where the estate is opened and request certified copies of the following:
- Letters of Administration or Testamentary
- Inventory and Appraisement
- Accountings filed by the personal representative
- All pleadings related to creditor claims
5. Review the Documentation
Once you have the HCPF claim file and probate documents, look for:
- Service dates and provider names to verify eligibility periods
- Itemized charges and total claim amount
- Evidence of payments or third-party liability
- Deadlines for filing objections or proofs of claim
6. Consider Disputing or Negotiating
If you identify errors—such as incorrect dates or duplicate charges—you can dispute the claim in probate court. File an objection or a proof of claim with the court clerk. In some cases, HCPF may agree to negotiate the claim amount or grant a hardship waiver under C.R.S. § 26-2-1203(8).
Helpful Hints
- Track all deadlines in writing and calendar reminders.
- Keep copies of every request, notice, and court filing.
- Review the decedent’s Medicaid eligibility periods before disputing charges.
- Consider hiring a probate attorney if the claim exceeds your budget.
- Ask HCPF for a hardship waiver if estate recovery would cause undue financial hardship.
- Organize documents by date and source to speed up review.