Recovering Medicaid Costs from Estates and Trusts
The State of Utah may, after the death of the recipient, recover funds from a Medicaid recipient’s estate or from any trust in which the recipient is a grantor and beneficiary. A recipient agrees to Estate Recovery when signing the application for Medicaid.
Recovery can only be made if, at the time of death, there was no surviving spouse or child under the age of 21, or child who is blind or permanently and totally disabled.
Recovery is limited to the amount of Medical assistance provided for the benefit of the recipient when the recipient was 55 years of age or older.
Common questions are listed below.
If my home is exempt for eligibility, will it also be exempt from Estate Recovery?
No, while your home may be exempt for purposes of determining Medicaid eligibility, it will not be exempt from Estate Recovery. However, recovery takes place only after the death of the recipient with the restrictions listed above.
How does the state determine if a child is blind or permanently and totally disabled?
A determination of disability by the Social Security Administration or the Utah State Medical Review Board is the only criteria used to prove a claim of disability.
How does the State of Utah proceed with Estate Recovery?
The Office of Recovery Services (ORS), Bureau of Medical Collections, initiates the Estate Recovery process after the death of the recipient.
- ORS contacts a representative of the heirs after the death of the recipient.
- ORS may record a lien against real property of a deceased recipient for purposes of Estate Recovery.
- ORS may file a claim with the probate court for the amount of the medical assistance provided.
- Utah Code 26-19-13.5 provides the authority for the state to recover from the estate or trust of a deceased Medicaid recipient.