Disclaimer: This article is for general informational purposes and is not legal advice.
Detailed Answer
Understanding Oregon Medicaid Estate Recovery
When a Medicaid recipient passes away, the Oregon Department of Human Services (DHS) may file a claim against the decedent’s probate estate to recover paid benefits under ORS 416.613. If you inherit an estate subject to such a claim, you have the right to obtain and review the documentation supporting DHS’s recovery demand.
1. Locate the DHS Claim in Probate Court
• Probate records are public. Visit the county probate court where the decedent resided.
• Provide the decedent’s name and, if available, the probate file number.
• Request certified copies of the “Proof of Claim” filed by DHS, plus related attachments such as benefit ledgers or invoices.
2. Request Records Directly from DHS
Under the Oregon Public Records Law (ORS 192.410–192.505), you may request all records DHS holds regarding the estate recovery claim:
- Submit a written request to the DHS Public Records Office, identifying the decedent and the estate recovery matter.
- Ask specifically for the notice of claim, itemized benefit statements, internal reports, and correspondence.
- DHS must respond within 10 business days and either provide the documents or explain any exemptions.
3. Review the Documentation
Compare the DHS claim amount with the itemized benefit statements. Note any discrepancies in service dates, rates, or duplicate charges. Check whether any portions of the estate may be exempt, for example:
- Surviving spouse or domestic partner (ORS 416.640).
- Minor or disabled child.
4. Challenge or Appeal the Claim
If you identify errors or believe an exemption applies, you can challenge DHS’s claim:
- File an administrative appeal with DHS within 90 days of the notice date under ORS 416.685.
- Request a hearing before an Administrative Law Judge.
- You may also object to the claim in the probate court by following local court procedures and deadlines.
5. Consult Professionals
Reviewing estate recovery claims can be complex. Consider working with a probate attorney or paralegal familiar with Oregon estate administration and Medicaid rules to ensure your rights and any applicable exemptions are protected.
Helpful Hints
- Keep detailed notes of all communications with DHS and the probate court.
- Make stamped copies of any public records requests for proof of delivery.
- Check the Oregon Judicial Department’s portal (www.courts.oregon.gov) for online access to probate dockets.
- Review DHS’s Estate Recovery website for forms and FAQs.
- Track all deadlines carefully—missing an appeal deadline can forfeit your right to challenge the claim.