Disclaimer: This article is for educational purposes only and does not constitute legal advice.

Detailed Answer

When someone dies after receiving Medicaid benefits in Louisiana, the state may file a claim against the decedent’s estate to recover those expenses under La. Rev. Stat. § 46:287. To obtain and review the documentation of that claim, follow these steps:

1. Identify the Probate (Succession) Case

Locate the parish where the succession (probate) was opened. You can search online or call the Clerk of Court in the decedent’s last parish of residence. Note the succession docket number, names of heirs, and the date of the first notice to creditors.

2. Request Records from the Clerk of Court

Contact the Clerk of Court’s office and request copies of:

• Succession petition and order appointing the fiduciary
• Inventory and appraisement of estate assets
• Creditor claims filed, including any submitted by Medicaid
• Judgments or orders approving or disputing the claim

Most Clerks allow in-person requests, mail-in requests, or limited online access. Be prepared to provide the succession number, decedent’s name, and pay copy fees.

3. Contact the Louisiana Medicaid Estate Recovery Program

The Medicaid Estate Recovery Program is administered by the Louisiana Department of Health (LDH). You can:

• Write to: Office of Aging & Adult Services, Medicaid Estate Recovery, P.O. Box 629, Baton Rouge, LA 70821
• Call: 225-342-2273 and request an itemized ledger of payments made on behalf of the decedent

Ask for a breakdown of dates of service, provider charges, payments, and any adjustments.

4. Use Louisiana’s Public Records Law

If the LDH does not voluntarily provide the full documentation, submit a public records request under La. Rev. Stat. § 44:31–41. In your written request, include:

• Decedent’s full name, date of birth, date of death
• Clear description: “All records related to Medicaid Estate Recovery claim against estate of [Name]”
• Your contact information

LDH must respond within three business days to acknowledge your request and provide or deny access in writing.

5. Review and Analyze the Documentation

Once you have the claim file and estate documents, verify:

• The claim was timely filed within 60 days of the first creditor notice (La. Code Civ. Proc. art. 3433)
• The amount sought matches the LDH ledger and the estate inventory
• Any offsets, reimbursements, or disputes are reflected in court orders

If discrepancies arise, you may file an opposition in the succession court or request an administrative appeal with LDH within the deadline specified in the claim notice.

Helpful Hints

• Keep a master file of all correspondence, pleadings, and receipts.
• Confirm parish-specific procedures and fees with the local Clerk of Court.
• Use certified copies for court filings or contested matters.
• Note deadlines: claims must be filed in succession court and appeals in LDH have strict timeframes.
• Consider consulting a probate attorney if the estate is large or the claim is contested.

For legal advice regarding your specific situation, contact a licensed attorney in Louisiana.