Detailed Answer
When a loved one receives Medicaid benefits before passing away, Maine law allows the Department of Health and Human Services (DHHS) to seek reimbursement from their estate. To protect your inheritance and ensure accuracy, you need to obtain and review all documentation related to that Medicaid claim. Below is a step-by-step guide under Maine law.
1. Identify the Claim and Gather Basic Information
Start by confirming key details: the decedent’s full name, date of birth, Medicaid ID number, date of death, and the case number of the estate’s probate file. Having this information streamlines all subsequent requests.
2. Request Records from Maine DHHS
Contact the DHHS Estate Recovery unit in writing. Request copies of the Notice of Claim, the Medicaid application, income and asset reviews, and any correspondence. Send your request to:
Maine DHHS Estate Recovery
11 State House Station, Augusta, ME 04333
You can also visit the DHHS website for forms and contact details: www.maine.gov/dhhs.
3. Review Probate Court Filings
Medicaid claims against an estate become part of the probate record once filed. Contact the probate clerk in the county where the estate is administered. Request copies of:
- The “Proof of Claim” submitted by DHHS
- Letters testamentary or letters of administration
- The estate accounting and any objections filed
Under 18-B M.R.S. §3-709, the personal representative must mail claim notices to all creditors and file proof of mailing with the court. 18-B M.R.S. §3-709.
4. Invoke Maine’s Freedom of Access Act (FOAA)
If DHHS delays or denies your request, file a FOAA request under 1 M.R.S. §402 to obtain public records. Cite government body as “Maine Department of Health and Human Services, Estate Recovery.” There is no fee for FOAA requests besides postage. 1 M.R.S. §402.
5. Consult the Personal Representative
The personal representative (executor or administrator) has a duty to provide estate records to beneficiaries. Ask for a copy of the estate’s inventory, accountings, and correspondence with creditors, including DHHS.
6. Review Accountings and File Objections
When you receive the estate accounting, verify the Medicaid claim amount. Under 18-B M.R.S. §3-706, beneficiaries have 30 days to object to any claim or accounting entry. 18-B M.R.S. §3-706. If the DHHS amount seems inflated or inaccurate, prepare a written objection detailing any discrepancies.
7. Seek Professional Review
Even though this article is educational, you may need guidance from an attorney experienced in Maine probate and Medicaid estate recovery. They can help interpret complex entries, negotiate reductions, or represent you at a hearing.
Helpful Hints
- Track all requests: save copies of letters, emails, and certified mail receipts.
- Note all deadlines: probate objections often have strict time limits under Title 18-B.
- Review Medicaid statutes: see 22 M.R.S. §4207 for estate recovery definitions (22-MRSA §4207).
- Organize documents chronologically: this helps spot missing records or unexplained delays.
- Consider informal negotiation: DHHS may agree to reduce the claim if estate assets are limited.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney about your specific situation.