Medicaid Estate Recovery in Arkansas: when someone dies

Steps to take

1. Determine whether the deceased received Medicaid nursing facility, ICF/IID, or waiver services at age 55 or older, or was permanently institutionalized at any age.
2. Watch for the Notice of Estate Recovery (form DHS-20) that the DHS Third Party Liability Unit mails to the personal representative, or to the distributee of a small estate.
3. Treat the filed claim as a debt of the estate before distributing assets to heirs. DHS files the claim with the probate clerk and mails a copy to the personal representative, the estate's attorney, or the distributee.
4. To seek an undue-hardship waiver, mail a statement of the facts to the Third Party Liability Unit, Decedents' Estates, within 30 days of receiving the DHS-20, with:
   • Tax returns, income statements, or other documents supporting the hardship
   • The facts that establish the undue hardship on the survivors
5. If the DCO Hardship Waiver Committee denies the waiver, appeal within 30 days of receiving the decision.