Medicaid Estate Recovery in California

Medicaid Estate Recovery in California: key facts

Recovery scope (deaths on or after Jan. 1, 2017)

Limited to assets in the probate estate, and limited to payments for nursing facility services, home and community-based services, and related hospital and prescription drug services.

Who is subject

Beneficiaries who received Medi-Cal at age 55 or older, and individuals who were permanently institutionalized.

No recovery while protected survivors exist

The department does not claim when there is a surviving spouse or surviving registered domestic partner, a surviving child under 21, or a surviving child who is blind or disabled.

Hardship waiver

DHCS waives its claim where enforcement would cause substantial hardship. A waiver request is submitted within 60 days of the estate recovery claim letter.