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Home→Agencies→Medicaid Estate Recovery→Arkansas

Medicaid Estate Recovery in Arkansas

Arkansas recovers Medicaid medical payments made on behalf of recipients who were age 55 or older and received nursing facility, ICF/IID, or home and community-based waiver services. The Division of Medical Services files a claim against the estate through the Office of Chief Counsel.

OverviewWhen someone dies

Medicaid Recovery

Arkansas

humanservices.arkansas.gov/divisions-shared-services/medical-services→

Administering agency

Arkansas Department of Human Services — Division of Medical Services, Estate Recovery

WebsiteVisit website →

Authority

Ark. Code Ann. 20-76-436; Ark. Admin. Code 016.20.96-005

Verified May 2026

Medicaid Estate Recovery in Arkansas: key facts

Recovery scope
Correctly paid Medicaid medical payments made on or after August 13, 1993 for institutional and home and community-based waiver services.
Who is subject
Recipients age 55 or older who received care in a nursing facility, an ICF/IID, or a home and community-based waiver program.
Recovery deferred
While there is a surviving spouse, a surviving child under age 21, or a blind or disabled child of any age.
Hardship waiver
The personal representative or distributee may request an undue-hardship waiver within 30 days of receiving the DHS recovery notice. Recovery is also waived where it would not be cost effective.

Frequently asked questions

Recovery applies to recipients age 55 or older who received care in a nursing facility, an ICF/IID, or a home and community-based waiver program. Arkansas recovers correctly paid Medicaid medical payments made on or after August 13, 1993 for that care.

Recovery is deferred while there is a surviving spouse, a surviving child under age 21, or a blind or disabled child of any age. The Department also does not pursue recovery where it would not be cost effective.

The personal representative or distributee of the estate requests an undue-hardship waiver from the Department of Human Services within 30 days of receiving the Notice of Estate Recovery (form DHS-20).

When someone dies

Steps after a death in Arkansas

4-step process for Arkansas Department of Human Services — Division of Medical Services, Estate Recovery.

View details →

Medicaid Recovery

Arkansas

humanservices.arkansas.gov/divisions-shared-services/medical-services→

Administering agency

Arkansas Department of Human Services — Division of Medical Services, Estate Recovery

WebsiteVisit website →

Authority

Ark. Code Ann. 20-76-436; Ark. Admin. Code 016.20.96-005

Verified May 2026