Detailed Answer

When a loved one received Medicaid benefits before passing, the Oklahoma Department of Human Services (OKDHS) may file a claim against the decedent’s estate. You must gather and review all relevant documents to protect your rights as an heir or personal representative. Follow these steps under Oklahoma law:

1. Locate the Probate Case

Contact the district court in the county where the decedent lived at death. Ask the clerk for the probate case file by providing the decedent’s name and date of death. Review the court docket and pleadings to find any filings by OKDHS or its estate recovery unit.

2. Request Estate Recovery Documents from OKDHS

Submit a written request to the OKDHS Estate Recovery Unit. Include the decedent’s full name, date of birth, date of death, and any probate case number. Ask for:

• The Estate Recovery Claim Notice.
• An itemized list of Medicaid benefits paid.
• All correspondence between OKDHS and the estate.

Send your request by certified mail to:

Oklahoma Department of Human Services
Estate Recovery Unit
2401 N. W. 23rd Street
Oklahoma City, OK 73107

3. Review the Medicaid Estate Claim Notice

OKDHS must send a written notice identifying the claim amount and legal basis for recovery. The notice typically outlines:

• Dates and types of Medicaid services.
• Total amount paid by Medicaid.
• Deadline to object or request a hearing.

4. Verify Claim Amount and Legal Authority

OKDHS recovers benefits under Oklahoma law. See Title 63 O.S. § 5009 and federal rules at 42 C.F.R. § 433.36. Compare the itemized list to probate records and bank statements. Check for duplicate or incorrect charges.

5. File an Objection or Request a Hearing

If you dispute the claim, file a written objection with OKDHS before the deadline in the notice. You may also request an administrative hearing to present evidence. Follow the hearing rules in OAC 340:100-3-1 et seq..

6. Consult an Attorney for Complex Disputes

Estate recovery cases can involve technical Medicaid rules and probate procedures. An attorney can help you interpret statutes, prepare objections, and represent you at hearings.

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult an attorney about your specific situation.

Helpful Hints

• Note all deadlines and serve objections by certified mail.
• Request an itemized benefit ledger to verify OKDHS’s calculations.
• Keep copies of probate filings and OKDHS correspondence.
• Ask for hardship waivers if recovery imposes undue hardship on heirs.
• Check with the court clerk for any lien filings or payment requirements.