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Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific circumstances.

Detailed Answer

When a Medicaid recipient’s estate passes to heirs in Utah, the Division of Medicaid may file a claim against that estate to recover benefits paid. You can obtain and review documentation of such a claim through two primary channels: the probate court and the Utah Medicaid Estate Recovery Program.

1. Identify the Probate Case

First, confirm whether the decedent’s estate entered probate. Probate takes place in the district court of the county where the decedent lived. Visit the Utah Courts case portal (utsa.courts.gov) or the local clerk’s office to search by decedent name or case number.

2. Obtain Probate Records

Once you locate the case, request certified copies of the inventory, claims register and any judgment or order approving the distribution of assets. Utah law authorizes access to probate files under Utah Code §78A-2-201; public records are available for inspection or purchase at the clerk’s office. You may also use the online eAccess system if your county supports e-filing.

3. Contact the Medicaid Estate Recovery Program

Utah’s Medicaid Estate Recovery Program (MERP) handles all estate recovery claims. You can request the full claim file by writing to:

Include the decedent’s name, Medicaid ID number and date of death. Ask for the itemized statement, lien document and any supporting invoices. Federal law (42 U.S.C. §1396p(b)) and Utah Code §26-18-5 authorize recovery and disclosure of these records. You may also call the MERP unit at (801) 538-0000 for guidance.

4. Review the Documentation

After receiving the probate records and MERP file, compare the amounts claimed by Medicaid against estate assets listed in the inventory. Examine:

• Dates of service and providers listed in the claim
• Amounts paid by Medicaid versus assets available for recovery
• Any statutory exemptions (surviving spouse, minor or disabled child) under Utah Code §26-18-5(4)

If you identify discrepancies, you have the right to request an administrative review under Utah Admin. Code R414-310 or file an objection in the probate court within 30 days of notice.

Helpful Hints

• Keep detailed copies of all correspondence and certified filings.
• Note deadlines for objections—missing them may waive your rights.
• Check for available exemptions (e.g., spouse, minor child) before settlement.
• Use the Utah Courts website for fee schedules and eAccess instructions.
• Consult an attorney if you need help disputing the claim or understanding statutory nuances.