Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney for guidance tailored to your situation.
Detailed Answer
Overview of Nebraska Medicaid Estate Recovery
When a Medicaid recipient in Nebraska passes away, the state may seek repayment of medical assistance from the individual’s probate estate. This process is governed by federal law (42 U.S.C. § 1396p) and Nebraska statutes.
When Does the Claim Arise?
Under Nebraska law, an unpaid balance for medical assistance becomes a claim against the decedent’s estate upon death. See Neb. Rev. Stat. § 68-919 (Recovery of medical assistance payments; claim against estate; exceptions).
Locating the Probate Case and DHHS Records
First, identify the county where the decedent’s estate is probated. Probate cases in Nebraska are handled by the county court. You will need the estate’s case number or the decedent’s full name and date of death to locate the file.
Requesting Documents from Nebraska DHHS
The Nebraska Department of Health and Human Services (DHHS) administers Medicaid and maintains payment records. To obtain detailed billing statements and eligibility records:
- Submit a Nebraska Public Records Act request under Neb. Rev. Stat. § 84-712.
- If you are the personal representative or executor, request copies of the recipient’s medical records under HIPAA rules.
- Specify date ranges, provider names, and services to narrow your request and reduce fees.
Obtaining Court Records from County Court
Visit the clerk of the county court where probate is pending. You can:
- Ask for certified copies of the creditor’s claim filed by DHHS’s Estate Recovery Unit.
- Obtain a copy of the notice to creditors and any responses or objections in the court file.
- Pay nominal copying fees as required by court policy.
Reviewing the Documentation
When you have all records, look for:
- Service dates and provider information.
- Itemized charges and paid amounts.
- Eligibility periods covered by Medicaid.
- Any exceptions noted under Neb. Rev. Stat. § 68-919 (for surviving spouse or minor child).
Disputing or Negotiating the Claim
If you believe the claim is incorrect or excessive, you may file an objection in the probate court. Nebraska law gives creditors (including DHHS) two months from publication of the notice to file claims. See Neb. Rev. Stat. § 30-248 (Time to present claims). You can:
- File your written objection with the court.
- Request a hearing to challenge specific charges.
- Negotiate a reduced settlement if the estate lacks sufficient assets.
Helpful Hints
- Track deadlines: Missing the claim-filing or objection window may bar your challenge.
- Organize documents chronologically to spot billing anomalies.
- Confirm DHHS’s claim status by calling the Estate Recovery Unit at DHHS.
- Keep copies of all correspondence and receipts for court filings.
- Consider consulting a probate attorney if the claim exceeds the estate’s value.