A 4-step process for California Department of Health Care Services — Estate Recovery Program after a death in California.
Administering agency
California Department of Health Care Services — Estate Recovery Program
Authority
Cal. Welf. & Inst. Code 14009.5
California Department of Health Care Services — Estate Recovery Program
Phone: 916-650-0590
Visit the agency website →For deaths on or after January 1, 2017, recovery reaches only assets that pass through probate and is limited to payments for nursing facility services, home and community-based services, and related hospital and prescription drug services received at age 55 or older.
No. Under Cal. Welf. & Inst. Code 14009.5, the department does not claim against the estate 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.
Yes. DHCS waives its claim where enforcement would result in substantial hardship, and waives it when the estate is a homestead of modest value. The hardship waiver request is submitted within 60 days of the date on the DHCS estate recovery claim letter.
Data sourced from Medicaid Estate Recovery in California primary sources (2 pages reviewed). How we research.
Administering agency
California Department of Health Care Services — Estate Recovery Program
Authority
Cal. Welf. & Inst. Code 14009.5