Working Caregiver- Medicaid and Undue Hardships
Medicaid Estate Recovery Program will not recover costs from estates that would result in undue hardship.
Medicaid Undue Hardships Waivers
The Medicaid Estate Recovery Program will not recover costs from estates that would result in undue hardship. An undue hardship waiver request will be provided as part of the Medicaid Estate Recovery Program Notice of Intent to File a Claim Form. The state will consider a waiver granting exemption from recovery when the estate property is:
- a family business, farm or ranch;
- the primary income-producing asset of the heirs;
- produces at least 50 percent of the livelihood for heirs for at least 12 months before the death of the Medicaid recipient; and
- recovery by the state would affect the property and result in heirs losing their primary source of income;
- beneficiaries of the estate will be eligible for public or medical assistance if recovery claim is collected;
- allowing one or more heirs to receive the estate enables them to discontinue eligibility for public or medical assistance;
- the Medicaid recipient received medical assistance as the result of being a crime victim;
- the value assessed by the tax appraisal district is less than $100,000 and heirs have gross family incomes below 300 percent of the federal poverty level; or
- other compelling reasons exist.
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