Detailed Answer
Under Georgia law, the Department of Community Health (DCH) must seek recovery of Medicaid benefits paid on behalf of a recipient aged 55 or older from that individual’s estate after death (O.C.G.A. §49-4-143). Estate recovery can include inherited real property. However, Georgia allows you to request a hardship waiver to protect inherited assets when recovery would create an undue hardship for heirs.
Here’s how to apply:
- Confirm estate recovery applies: Review O.C.G.A. §49-4-143(a) (https://www.legis.ga.gov/api/legislation/document?documentId=60621&documentVersion=1) to verify that DCH intends to recover benefits from the estate.
- Determine hardship eligibility: While Georgia law does not list specific hardship categories, federal rules (42 C.F.R. §433.36(b)(3)) allow states to waive recovery when it would cause undue financial hardship to heirs or surviving dependents. Common grounds include loss of the family home, significant medical needs, or other compelling financial impacts.
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Gather supporting documents:
- Death certificate of the Medicaid recipient
- Estate inventory showing assets and debts
- Evidence of hardship (e.g., income statements, medical bills, mortgage statements)
- Heir identification (birth certificates, proof of residency)
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Draft a hardship waiver request: Write a letter to DCH explaining why recovery would impose undue hardship. Include:
- Decedent’s name and Medicaid ID
- Your name, relationship, and contact information
- Description of inherited property and its value
- Detailed hardship explanation with document references
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Submit to DCH Estate Recovery Unit:
Mail or email your request and attachments to:
Georgia Department of Community Health
Estate Recovery Unit
2 Peachtree Street NW, Suite 34-332
Atlanta, GA 30303
Email: [email protected]
n - Follow up and appeal if needed: DCH should acknowledge receipt within 30 days. If your request is denied, you have 30 days to request an administrative hearing under O.C.G.A. §49-4-143(c).
Helpful Hints
- Start early: Collect documents immediately after probate begins.
- Be thorough: Incomplete requests can delay decisions.
- Get professional help: Consider consulting a legal aid clinic or elder law attorney.
- Track deadlines: Note the 30-day windows for DCH response and appeals.
- Keep copies: Maintain duplicates of all correspondence and attachments.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation.