Medicaid Estate Recovery in Delaware: when someone dies
A 4-step process for Delaware Division of Medicaid & Medical Assistance (DMMA) — Estate Recovery after a death in Delaware.
Administering agency
Delaware Division of Medicaid & Medical Assistance (DMMA) — Estate Recovery
Authority
Del. Code tit. 25, ch. 50 (Liens and Estate Recoveries), §§ 5002, 5003, 5005; DSSM 20500
Steps to take
- Determine whether the deceased applied for or received DHSS long-term care services at age 55 or older.
- Contact the Division of Medicaid & Medical Assistance to confirm whether a recovery claim applies and request the amount.
- Address the claim as a debt of the estate before distributing assets to heirs.
- Request an undue-hardship waiver from the Department if a qualifying relative meets the DSSM 20500.5.3 residency and income/resource conditions.
Delaware Division of Medicaid & Medical Assistance (DMMA) — Estate Recovery
Phone: 302-571-4900
Visit the agency website →Frequently asked questions
Recovery occurs only after the death of the recipient and the death of a surviving spouse who resided in the home on a continuous basis. DHSS does not seek recovery while there is a surviving spouse, a surviving blind or disabled child who was living in the home continuously immediately before the death, or a child under age 21 (DSSM 20500.5.1). Recovery against a lien on the home is also barred where a caretaker child (2 years in the home before admission) or a sibling (1 year in the home) qualifies under DSSM 20500.5.2.
Sources
Data sourced from Medicaid Estate Recovery in Delaware primary sources (4 pages reviewed). How we research.
Administering agency
Delaware Division of Medicaid & Medical Assistance (DMMA) — Estate Recovery
Authority
Del. Code tit. 25, ch. 50 (Liens and Estate Recoveries), §§ 5002, 5003, 5005; DSSM 20500