Detailed Answer
When someone inherits property in Texas, the state may seek reimbursement for Medicaid benefits paid on the decedent’s behalf through its Estate Recovery Program. This guide explains how to find and examine all related documentation under Texas law.
1. Understand Texas Medicaid Estate Recovery
Under Texas Government Code § 531.153, the Health and Human Services Commission (HHSC) can file a claim against the probate estate of anyone age 55 or older who received Medicaid long-term services. The statute authorizes recovery of medical assistance paid after the recipient turned 55.
2. Locate the Probate File
If the decedent’s estate went through probate, the county clerk holds the case records. To obtain them:
- Identify the county where probate occurred.
- Visit or contact the County Clerk’s Office. Provide the decedent’s full name and date of death.
- Request certified copies of the probate docket, inventory, and any claims filed by Texas HHSC.
3. Request Records from HHSC Estate Recovery Program
HHSC maintains a Medicaid Estate Recovery unit. To get details about the claim:
- Visit the HHSC website and locate the Estate Recovery Program page.
- Submit a written request for claim documentation, referencing the decedent’s name, Medicaid ID (if known), and date of death. You can mail or email your request as instructed on the site.
- If you need medical records or billing data, use the Texas Public Information Act request under Government Code Chapter 552. HHSC must respond within 10 business days.
4. Review the Claim Package
Once you receive the probate and HHSC records, look for:
- The Notice of Estate Recovery Claim (often called Notice of Intent).
- Itemized statements showing dates of service, provider names, and amounts paid by Medicaid.
- Supporting medical documentation or eligibility notes.
Compare the claim amount against the estate inventory to confirm accuracy. If discrepancies arise, you may dispute charges in probate court or through administrative appeal.
5. Seek Clarification or Dispute
If you find errors or have questions:
- Contact the HHSC Estate Recovery Unit in writing, citing any incorrect items.
- Follow the appeal process outlined in the Notice of Estate Recovery Claim.
- File any objections in probate court before the deadline (usually within 30 days of notice).
Helpful Hints
- Keep copies of all correspondence and certified mail receipts.
- Note deadlines carefully—both for probate objections and administrative appeals.
- Review the Texas Government Code § 531.153 and Human Resources Code § 32.039 for detailed statutory language (Gov’t Code § 531.153; Hum. Res. Code § 32.039).
- Consider hiring an attorney experienced in probate and Medicaid estate recovery.
- Check your county clerk’s website for online access or request fees.
Disclaimer: This article provides general information about Texas law. It is not legal advice. Consult a qualified attorney to address your specific situation.