What Is Medicaid Estate Recovery in Kansas?

Kansas Medicaid must seek repayment for certain long-term care and related expenses from the estate of a deceased recipient. Under K.S.A. 39-709, the state can file a claim against the recipient’s probate estate, including inherited property, to recover those costs. The goal of the hardship waiver is to protect heirs from undue financial burden when pursuing recovery would cause significant hardship.

Who Can Request a Hardship Waiver?

You—or any interested party—can apply for a waiver if estate recovery would cause extreme financial hardship to an heir. Common situations include:

• Surviving spouse with limited income or assets.
• Minor or disabled heir financially dependent on the inherited property.
• Heir who must remain in the home to receive necessary care.

How to Apply: Step-by-Step Guide

1. Obtain the Hardship Waiver Form.
   Download “Application for Hardship Waiver” from the Kansas Department of Health and Environment Estate Recovery website or request it by calling (785) 296-1234.
2. Gather Supporting Documentation.
   Include proof of relationship, income and expense statements, medical records, and a property appraisal. Show how pursuing recovery would prevent you from meeting basic needs.
3. Complete the Application.
   Fill in your contact information, describe the hardship, and list all assets and liabilities. Attach the documentation you collected.
4. Submit to KDHE Estate Recovery Unit.
   Send your packet to: Kansas Department of Health and Environment, Bureau of Fiscal Services, Estate Recovery Unit, 1000 SW Jackson St., Suite 560, Topeka, KS 66612.
5. Wait for a Decision.
   KDHE reviews applications under 42 C.F.R. §433.36(b) and K.S.A. 39-709. Expect a written decision within 60 days of receipt.
6. Appeal if Necessary.
   If KDHE denies your request, you have 30 days to file an administrative appeal under the Kansas Administrative Procedure Act, K.S.A. 77-501 et seq.

For full statute text, see K.S.A. 39-709.

Disclaimer

This article is for general informational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation.

Helpful Hints

• Start early: estate recovery notices often arrive months after probate begins.
• Be thorough: missing documents can delay a waiver decision.
• Keep copies: retain one full set of your application and attachments.
• Monitor deadlines: appeals must be filed within 30 days of denial.
• Seek support: contact a local legal aid organization for assistance.