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Disclaimer: This article is for informational purposes only and is not legal advice.

Detailed Answer

1. Wyoming Medicaid Estate Recovery Overview

Under Wyoming law, the Medicaid Estate Recovery Program recovers certain benefits paid after age 55 or for nursing facility care. Wyo. Stat. § 42-4-203 outlines the recovery authorities. (See Wyo. Stat. § 42-4-203.) The state may recover assets from an enrollee’s estate, including inherited property, unless a hardship waiver applies.

2. Hardship Waiver Eligibility

Federal law allows a hardship waiver if recovery would cause undue hardship to an heir who occupies the property. See 42 U.S.C. § 1396p(b)(3). (See 42 U.S.C. § 1396p(b)(3).) Examples of undue hardship include:

• Heir is the surviving spouse or dependent minor.
• Disabled heir with no other place to live.
• Significant financial burden preventing basic needs.

3. Applying for the Hardship Waiver

Follow these steps to apply:

1. Request a waiver application from the Wyoming Department of Health, Medical Assistance Division: health.wyo.gov/healthcarefin/medicaid.
2. Gather required documents: address of property, proof of occupancy, financial statements, heirship documents, and any medical records.
3. Complete the Medicaid Hardship Waiver Request Form. Provide details on why recovery creates undue hardship.
4. Submit the form and supporting documents to:
   Wyoming Department of Health
   Medical Assistance Division, Estate Recovery Unit
   6101 Yellowstone Road, Suite 510
   Cheyenne, WY 82002
5. Keep copies of all submitted documents and proof of mailing.

4. Review Timeline and Decision

The Estate Recovery Unit must acknowledge receipt within 30 days and issue a decision within 90 days. If approved, they will record a waiver, preventing estate recovery action against the property. If denied, you can request a hearing under Wyo. Stat. § 42-4-202. (See Wyo. Stat. § 42-4-202.)

5. After the Decision

• If approved, maintain proof of occupancy or dependency as required by the waiver.
• If denied, consider appealing or seeking legal counsel to pursue a fair hearing.
• If circumstances change, you may request a waiver modification.

Helpful Hints

• Start the process early to avoid deadlines.
• Consult a qualified elder law attorney for complex cases.
• Document every communication with the Medicaid agency.
• Demonstrate financial need clearly with detailed records.
• Check for updates to Wyoming statutes at wyoleg.gov/Statutes.