How to Obtain and Review Documentation of a Medicaid Claim Against an Inherited Estate in Mississippi?

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Detailed Answer

Under Mississippi law, the Department of Human Services (MDHS) may recover Medicaid benefits paid on behalf of a recipient from that person’s estate after death. Federal law (42 U.S.C. §1396p(b)) requires each state to seek repayment for benefits paid, and Mississippi implements this through Miss. Code Ann. §43-13-117. Recovery typically occurs during probate, when MDHS files a claim against the estate.

1. Establish Your Authority

  • Obtain a certified copy of the death certificate.
  • If you are named personal representative or executor, secure Letters Testamentary or Letters of Administration from the chancery clerk.
  • If no representative is appointed, petition the Chancery Court of the county where the decedent resided to be named.

2. Request MDHS Claim Documentation

  • Submit a written request to MDHS’s Division of Medicaid in Jackson. Include your name, contact information, estate name, and proof of appointment. Cite the Mississippi Public Records Act (Miss. Code Ann. §25-61-1 et seq.).
  • Ask for all documents related to the estate recovery claim: application, notices, computation worksheets, medical billing records, and any waivers or exemptions claimed.
  • Allow up to 10 business days for MDHS to acknowledge your request and up to 30 days for production.

3. Obtain Probate Court Filings

  • Visit the chancery clerk’s office in the county where probate is pending. Request the estate’s file and docket sheet.
  • Locate MDHS’s filed claim under Mississippi Rules of Chancery Court, Rule 4.100. This rule governs proof and allowance of claims.
  • Review the face of the claim, amount asserted, timing, and any objections by heirs or creditors.

4. Analyze the Recovery Claim

  • Verify the total Medicaid payments and dates match the estate’s records.
  • Check homestead exemptions under Miss. Code Ann. §43-13-117(1)(e). The surviving spouse, minor child, or disabled child may exempt the home.
  • Identify any hardship waivers MDHS may have applied.
  • Compare medical expenses and insurance reimbursements to avoid duplicate recovery.

5. Respond or Object

  • If MDHS’s claim appears excessive or inaccurate, file a written objection with the chancery clerk. Mississippi Rules of Chancery Court require objections within 10 months after first publication of notice to creditors.
  • You may serve MDHS and other parties with your objection. Request a hearing date.
  • If MDHS fails to provide documentation, file a motion to compel under Miss. R. Civ. P. 37, urging the court to order production.

6. Next Steps

  • Carefully track all correspondence and deadlines in the probate docket.
  • Consider consulting an attorney with experience in probate and Medicaid estate recovery for contested matters.

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.

Helpful Hints

  • Keep detailed copies of every request and response from MDHS.
  • Note all statutory deadlines: probate objections often close 10 months after notice (Miss. R. Ch. Ct. 4.100).
  • Review Miss. Code Ann. §43-13-117 for estate recovery exemptions and waivers: https://law.justia.com/codes/mississippi/2018/title-43/chapter-13/section-43-13-117/.
  • Use the Mississippi Public Records Act (Miss. Code Ann. §25-61-1 et seq.) when requesting government-held documents.
  • If you hit roadblocks, file motions in chancery court to compel MDHS to disclose complete records.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.