Medicaid Estate Recovery in Connecticut

What is recovered

On and after July 1, 2022, Conn. Gen. Stat. 17b-93(a) limits recovery to what federal law requires.¹

Conn. Gen. Stat. 17b-95(a) gives the state a claim against the estate for Medicaid amounts paid for which it has not been reimbursed and that it is required to recover under federal law.¹

Who is subject to recovery

What federal law requires is generally long-term care and related services for recipients 55 or older and for recipients permanently institutionalized at any age.¹

Exemptions and protected assets

Under Conn. Gen. Stat. 17b-95(a), the claim applies only to the extent that what a surviving spouse, parent or dependent children would otherwise take from the estate is not needed for their support.¹

How the state files its claim

Conn. Gen. Stat. 17b-95(b) gives the state claim priority over unsecured claims except last-illness expenses up to $375, funeral and burial expenses, and administrative expenses including probate fees, taxes and limited fiduciary fees.¹

DAS tells a conservator or other person holding a deceased recipient's funds that if DAS has not notified them of its appointment as legal representative of the estate within three years of the death, the funds are presumed abandoned.²

The holder then follows the holder duties in Conn. Gen. Stat. 3-65a, turning the funds over to the State Treasurer as unclaimed property.²

A small-estate affidavit under Conn. Gen. Stat. 45a-273 (up to $40,000 of solely owned personal property and no solely owned Connecticut real property) must state whether the decedent received aid or care from the state.³

The Probate Court sends a copy of the affidavit to the Department of Administrative Services and may not issue a decree until thirty days after it does; any state reimbursement is determined under Conn. Gen. Stat. 4a-12 and 17b-95.³

Governing law: Conn. Gen. Stat. 17b-95; 17b-93; 45a-273

DAS notice of its appointment as legal representative of the estate

three years after the date of death; funds held for the deceased recipient are presumed abandoned²

Probate Court decree on a small-estate affidavit

not until thirty days after the date a copy of the affidavit is sent to DAS³

Department of Administrative Services, Collections Recovery Unit

Estate collection of the Medicaid claim; may apply to become legal representative of the estate⁴

Phone: 1-860-713-5400

Connecticut Probate Court

Receives a small-estate affidavit and sends a copy to the Department of Administrative Services³

1. 1.Conn. Gen. Stat. Chapter 319s (17b-93, 17b-95)
2. 2.I am a former conservator of a decedent who was a Medicaid recipient (DAS Collections knowledge base)
3. 3.Conn. Gen. Stat. Chapter 802b (45a-273)
4. 4.DAS Collection Services: Contact