Medicaid Estate Recovery in Delaware

The Delaware Department of Health and Social Services, through the Division of Medicaid & Medical Assistance, recovers disbursements made under the State Plan for Medical Assistance on behalf of people who received Medicaid long-term care. The estate recovery and lien policy applies to individuals age 55 and over who applied for DHSS long-term care services, and recovery happens only after the recipient and a surviving spouse who lived in the home have died.

OverviewWhen someone dies

Medicaid Recovery

Delaware

dhss.delaware.gov/dmma→

Administering agency

Delaware Division of Medicaid & Medical Assistance (DMMA) — Estate Recovery

Phone302-571-4900

WebsiteVisit website →

Authority

Del. Code tit. 25, ch. 50 (Liens and Estate Recoveries), §§ 5002, 5003, 5005; DSSM 20500

Verified Jul 2026

Medicaid Estate Recovery in Delaware: key facts

Recovery scope: For an individual receiving long-term care, the Department seeks recovery "for any disbursements made on behalf of such individual under the State Plan for Medical Assistance, from the individual's estate or upon sale of property subject to a lien" (Del. Code tit. 25, § 5003). Medicaid payments for Medicare cost-sharing (Part A and B premiums, deductibles, coinsurance, co-payments) with a date of service on or after January 1, 2010 are exempt from estate recovery (DSSM 20500.1).
Who is subject: The estate recovery and lien policy applies to individuals age 55 and over who are applying for DHSS long-term care services — nursing facility services, home and community-based waiver services, and community-based long-term care services and supports (DSSM 20500.1).
Recovery deferred or barred: Recovery happens only after the death of the individual and the death of a surviving spouse who was residing in the home on a continuous basis (Del. Code tit. 25, § 5003(1)). DHSS does not seek recovery while there is a surviving spouse; a surviving blind or disabled child (SSI disability rule) who was residing in the home on a continuous basis immediately before the death; or a child under age 21 (DSSM 20500.5.1).
Caretaker child and sibling exceptions: DHSS does not recover against a lien on the home where a son or daughter over 21 lawfully resided in the home for at least 2 years immediately before the recipient's admission to long-term care, has lived there continuously since, and can establish that they provided the care that let the recipient stay at home; or where a sibling lawfully resided in the home for 1 year (12 months) immediately before admission. DHSS can still recover from other estate assets (DSSM 20500.5.2).
Undue hardship waiver: The Department waives estate recovery where it would work an undue hardship, and the waiver remains in effect only as long as the hardship condition continues (Del. Code tit. 25, § 5005). Hardship applies to a civil union partner, child, grandchild, parent, or sibling who lived in the recipient's home continuously for at least 2 years (24 consecutive months) before the recipient entered long-term care AND who either receives federal or state assistance for living expenses with no other home to return to, or has family income at or below 200% of the federal poverty level with resources convertible to cash of $3,000 or less (DSSM 20500.5.3.1, 20500.5.3.2).

Governing law: Del. Code tit. 25, ch. 50 (Liens and Estate Recoveries), §§ 5002, 5003, 5005; DSSM 20500

Frequently asked questions

Under Del. Code tit. 25, § 5003, Delaware recovers disbursements made under the State Plan for Medical Assistance on behalf of an individual who received long-term care, from that individual's estate or upon sale of property subject to a lien. The policy applies to individuals age 55 and over who applied for DHSS long-term care services (DSSM 20500.1). Medicaid payments for Medicare cost-sharing with a date of service on or after January 1, 2010 are exempt.

Under Del. Code tit. 25, § 5005, the Department waives estate recovery if it would work an undue hardship, and the waiver lasts only as long as the hardship continues. Under DSSM 20500.5.3, the relative must have lived in the recipient's home continuously for at least 2 years before the recipient entered long-term care and must either receive federal or state assistance for living expenses with no other home, or have family income at or below 200% of the federal poverty level and $3,000 or less in resources convertible to cash.

When someone dies

Steps after a death in Delaware

4-step process for Delaware Division of Medicaid & Medical Assistance (DMMA) — Estate Recovery.

View details →

SimplyTrust Editorial·Updated July 14, 2026

Sources

Data sourced from Medicaid Estate Recovery in Delaware primary sources (4 pages reviewed). How we research.

Medicaid Recovery

Delaware

dhss.delaware.gov/dmma→

Administering agency

Delaware Division of Medicaid & Medical Assistance (DMMA) — Estate Recovery

Phone302-571-4900

WebsiteVisit website →

Authority

Del. Code tit. 25, ch. 50 (Liens and Estate Recoveries), §§ 5002, 5003, 5005; DSSM 20500

Verified Jul 2026

Medicaid Estate Recovery in Delaware: key facts

Recovery scope

For an individual receiving long-term care, the Department seeks recovery "for any disbursements made on behalf of such individual under the State Plan for Medical Assistance, from the individual's estate or upon sale of property subject to a lien" (Del. Code tit. 25, § 5003). Medicaid payments for Medicare cost-sharing (Part A and B premiums, deductibles, coinsurance, co-payments) with a date of service on or after January 1, 2010 are exempt from estate recovery (DSSM 20500.1).

Who is subject

The estate recovery and lien policy applies to individuals age 55 and over who are applying for DHSS long-term care services — nursing facility services, home and community-based waiver services, and community-based long-term care services and supports (DSSM 20500.1).

Recovery deferred or barred

Recovery happens only after the death of the individual and the death of a surviving spouse who was residing in the home on a continuous basis (Del. Code tit. 25, § 5003(1)). DHSS does not seek recovery while there is a surviving spouse; a surviving blind or disabled child (SSI disability rule) who was residing in the home on a continuous basis immediately before the death; or a child under age 21 (DSSM 20500.5.1).

Caretaker child and sibling exceptions

DHSS does not recover against a lien on the home where a son or daughter over 21 lawfully resided in the home for at least 2 years immediately before the recipient's admission to long-term care, has lived there continuously since, and can establish that they provided the care that let the recipient stay at home; or where a sibling lawfully resided in the home for 1 year (12 months) immediately before admission. DHSS can still recover from other estate assets (DSSM 20500.5.2).

Undue hardship waiver

The Department waives estate recovery where it would work an undue hardship, and the waiver remains in effect only as long as the hardship condition continues (Del. Code tit. 25, § 5005). Hardship applies to a civil union partner, child, grandchild, parent, or sibling who lived in the recipient's home continuously for at least 2 years (24 consecutive months) before the recipient entered long-term care AND who either receives federal or state assistance for living expenses with no other home to return to, or has family income at or below 200% of the federal poverty level with resources convertible to cash of $3,000 or less (DSSM 20500.5.3.1, 20500.5.3.2).

Governing law: Del. Code tit. 25, ch. 50 (Liens and Estate Recoveries), §§ 5002, 5003, 5005; DSSM 20500

Frequently asked questions