Detailed Answer
Under Massachusetts law, MassHealth must seek recovery of medical assistance paid on behalf of a beneficiary age 55 or older from that individual’s estate after death. Federal authority comes from 42 U.S.C. § 1396p(b), and state authority is codified in M.G.L. c. 118E, § 5. The process to obtain and review documentation involves both the Probate and Family Court and the MassHealth Estate Recovery Unit.
1. Identify the Probate Case
If MassHealth filed a claim, it will appear on the estate docket where the decedent’s estate is administered. To find this:
- Visit the Massachusetts Probate and Family Court website to locate the correct county office.
- Search by decedent name or docket number using the court’s online clerk portal or in person at the clerk’s office.
- Request to inspect or obtain certified copies of all pleadings, including the state’s claim and any supporting schedules.
2. Request Records from MassHealth
The MassHealth Estate Recovery Unit maintains detailed financial records of all recoverable amounts and calculations. To request records:
- Prepare a written request including the decedent’s full name, date of birth, date of death, MassHealth ID (if known), and probate docket number.
- Mail or email your request to:
MassHealth Estate Recovery Unit
600 Washington Street, 8th Floor
Boston, MA 02111
masshealthestate@state.ma.us (verify current email on Mass.gov) - Ask for an itemized statement showing dates of service, payments made on behalf of the deceased, and the formula used to calculate the total claim.
3. Review the Claim Calculation
When you receive documentation from MassHealth or the Probate Court, confirm that:
- The dates of eligibility match the decedent’s period of long-term care or other covered services.
- The billed amounts align with MassHealth’s rate schedules.
- Adjustments for co-payments, estate exemptions, or hardship waivers are correctly applied under M.G.L. c. 190B, § 3-609 and related regulations (see 130 CMR 519.018).
4. Address Discrepancies
If you spot errors:
- Write to the Estate Recovery Unit within 30 days of receipt, specifying each discrepancy.
- If MassHealth does not correct the record, you can file a petition in Probate Court to challenge the claim’s allowance or amount.
Helpful Hints
- Start early: Probate creditors must file within the timeframe set by M.G.L. c. 190B, § 3-705.
- Keep copies of all letters, emails, and court filings for your records.
- Confirm current contact information for MassHealth Estate Recovery on Mass.gov.
- Consider asking the personal representative for assistance locating probate filings.
- Review MassHealth’s rate schedules online to understand billed amounts.
Disclaimer: This article provides general information about Massachusetts law and procedures. It does not constitute legal advice. For guidance on your specific situation, consult a qualified attorney.