FastCounsel

Detailed Answer

1. Overview of Michigan Medicaid Estate Recovery

Under Michigan law, the Department of Health and Human Services (MDHHS) must recover Medicaid long-term care costs from a recipient’s estate after death (MCL 400.115c). This process can include a lien on real property passed to heirs.

2. Hardship Waiver Under Michigan Law

Michigan allows an heir to request a waiver of estate recovery if enforcing the claim would cause undue hardship. The statutory authority is found at MCL 400.115h. MDHHS evaluates each request on a case-by-case basis.

3. Who Can Seek a Hardship Waiver?

Eligible waiver applicants include heirs who:

• Are a surviving spouse.
• Resided in the decedent’s home for at least two years and provided care.
• Are a sibling or adult child who lived in the home for at least two years before the recipient’s Medicaid eligibility date.
• Can show that recovery would deprive them of their primary residence or cause extreme financial hardship.

4. How to Apply

1. Obtain the Hardship Waiver Request form (MDHHS–5491) from MDHHS Estate Recovery: Estate Recovery Hardship Waiver Request.
2. Complete the form with the decedent’s information (name, case number), your contact details and relationship.
3. Describe the hardship. Provide supporting documents: proof of residence, property tax bills, income statements, medical or care records.
4. Submit the form and attachments to MDHHS Estate Recovery by mail or fax as instructed on the application.
5. Keep copies of all documents and note the date of submission.

5. Review Process and Appeals

MDHHS generally issues a decision within 90 days of receiving a complete application. If approved, recovery is waived or reduced as specified. If denied, you may request an administrative hearing within 90 days by filing a hearing request with the Michigan Office of Administrative Hearings and Rules (MOAHR).

Helpful Hints

• Start the process early. Estate administration has strict timelines.
• Gather clear evidence of your residency and caregiving role to support your request.
• Organize all records and keep copies of every document you submit.
• Consult a probate or elder law attorney if the estate is complex.
• Watch deadlines closely: missing an application or appeal deadline may forfeit your rights.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on Michigan Medicaid estate recovery.