Disclaimer: This article provides general information about Montana law and is not legal advice.
Detailed Answer
What Is Medicaid Estate Recovery in Montana?
When a Medicaid recipient aged 55 or older passes away, the Department of Public Health and Human Services (DPHHS) may seek reimbursement for long-term care costs from that person’s estate. Under Mont. Code Ann. § 53-1-210, the state files a claim against real property, bank accounts, and other assets after all debts and funeral expenses are paid. Mont. Code Ann. § 53-1-210
Who Qualifies for a Hardship Waiver?
Federal rules (42 C.F.R. § 433.36(b)(2)) allow states to waive recovery if it would cause undue hardship. In Montana, you may qualify if:
- You or your heirs demonstrate that recovering costs would jeopardize basic living needs.
- The inherited property is the primary residence of a spouse, blind or disabled adult child, or sibling with an equity interest and who has lived there at least one year prior to your death.
Montana’s own statute recognizes that recovery can be reduced or waived to avoid hardship. See Mont. Code Ann. § 53-1-216 for reduction or waiver provisions.
Step-by-Step Application Process
- Gather Required Documents: Certified death certificate; probate or trust documents showing inheritance; proof of residence (mortgage statement or deed); current income and expense records for heirs.
- Contact DPHHS Estate Recovery Unit: Reach out to DPHHS Medicaid Estate Recovery by phone or email to request the hardship waiver form.
- Complete the Hardship Waiver Form: Provide details on household members, income, assets, and the nature of the hardship. Attach supporting financial statements and proof of residency.
- Submit Your Request: Mail or email the completed form and attachments to the address specified by DPHHS. Keep proof of mailing or delivery.
- Follow Up Promptly: DPHHS generally has 90 days to review your request. Respond quickly to any requests for additional information or clarification.
- Receive Written Decision: If approved, DPHHS will issue a waiver and will not pursue recovery on the protected property. If denied, you have the right to appeal within 30 days under Mont. Admin. R. 37.40.204.
Helpful Hints
- Submit your waiver request before DPHHS initiates a recovery claim.
- Keep organized copies of every document, form, and correspondence.
- Document all conversations with DPHHS, noting dates, names, and key points.
- Consider consulting a probate or elder-law attorney for complex estates.
- Be aware of appeal deadlines if your request is denied.