Disclaimer: This article is for educational purposes only and does not constitute legal advice. For personalized guidance, consult a licensed Florida attorney.
Detailed Answer
Florida law requires the Medicaid program to recover costs paid for certain long-term services from the estates of beneficiaries age 55 or older. See Fla. Stat. § 409.910. Federal regulations allow a state to waive recovery when it would cause undue hardship. See 42 C.F.R. § 433.36.
Step 1: Confirm Your Case Status
Verify that the deceased received Medicaid-covered long-term care services after turning 55. You’ll need the Medicaid case number and the date of death.
Step 2: Identify Inherited Property
List the property you inherited—typically the principal residence and certain other assets held in the estate. Note market value, liens, mortgages and whether other heirs rely on the property as their primary home.
Step 3: Gather Documentation
- Death certificate of the Medicaid recipient.
- Letters of administration or final judgment of probate.
- Property deed, appraisal or tax assessment showing current value.
- Financial records for the heir(s): income, expenses, debts, and proof of hardship (e.g., disability expenses, medical bills).
Step 4: Draft and Submit the Waiver Request
Write a clear, concise request addressed to the Florida Medicaid Estate Recovery Program. Include:
- Decedent’s name, Medicaid ID and date of death.
- Description of the inherited property.
- Detailed explanation of undue hardship (e.g., heir’s sole income, inability to sell property without severe loss, medical or caregiving expenses).
- Copies of all supporting documents.
Mail your package via certified mail to: Florida Department of Revenue
Attn: Medicaid Estate Recovery Program
P.O. Box 5645
Tallahassee, FL 32314
Step 5: Await the Decision and Appeal if Needed
The program typically issues a written waiver decision within 90 days of receipt. If they deny your request, you have 21 days to file a petition for an administrative hearing under Florida law. See Fla. Stat. § 57.051 (costs and procedural rules) and consult the Florida Administrative Code for hearing procedures.
Helpful Hints
- Start early: Assemble your packet as soon as you enter probate to avoid missing deadlines.
- Keep records organized: Use tabs or a table of contents for supporting documents.
- Document hardship clearly: Explain how recovery would wipe out the heir’s sole residence or income stream.
- Seek interim relief: Ask the probate court for an order preventing asset transfers until the waiver is resolved.
- Consult professionals: A probate attorney or elder law attorney can help draft persuasive hardship analysis.