Disclaimer: This article provides general information about Maryland Medicaid estate recovery and hardship waivers. It is not legal advice.
Detailed Answer
1. What Is Maryland’s Medicaid Estate Recovery?
Under Maryland law, the Medicaid Estate Recovery Program (MERP) seeks reimbursement from the estates of deceased Medicaid beneficiaries for the cost of long-term care and certain home- and community-based services. See Md. Code Ann., Health–Gen. § 15-113 (link).
2. Who May Qualify for a Hardship Waiver?
Maryland allows heirs to request a hardship waiver if estate recovery would cause undue hardship. Common grounds include:
- Surviving spouse or dependent child under age 21 or disabled by Social Security standards.
- Net equity in the home exceeds needs of all heirs.
- Sale of real property would impose severe financial or emotional harm on heirs.
The program evaluates each situation individually.
3. Step-by-Step Application Process
- Obtain the Application: Request the MERP Hardship Waiver Application (often called Form 002) from your local Maryland Department of Health Medicaid office or download from mmcp.dhmh.maryland.gov – Estate Recovery.
- Gather Documentation: Provide the following:
- Certified death certificate of the Medicaid beneficiary.
- Copy of the will or affidavit of heirship.
- Deed and recent appraisal of inherited property.
- Proof of co-owner’s residency or dependency status.
- Financial statements demonstrating income and expenses.
- Complete the Form: Fill out all sections, describing why selling the property would cause undue hardship. Be specific about financial impact or dependency needs.
- Submit on Time: Send the completed application and supporting documents to the address on the form. Maryland law requires a decision within 90 days.
- Monitor Your Request: Follow up if you do not receive a decision. Keep copies of correspondence and proof of mailing.
- Appeal if Denied: If the waiver is denied, you may request a fair hearing under COMAR 10.09.12.07 (link) or consult an attorney experienced in estate recovery issues.
4. Key Deadlines and Considerations
- Apply promptly after probate begins to avoid automatic liens.
- Keep detailed records of all communications.
- Review county probate rules for local filing deadlines.
Helpful Hints
- Consult a probate or elder law attorney for complex estates.
- Request a property appraisal from a licensed Maryland appraiser.
- Keep digital and paper copies of every form and receipt.
- Track deadlines on a calendar to ensure timely appeals.
- Reach out to your local Area Agency on Aging for free guidance.