Medicaid Estate Recovery in District of Columbia
The District of Columbia recovers Medicaid costs from the estates of deceased DC Medicaid beneficiaries who received Medicaid coverage at age 55 or older. The DC Department of Health Care Finance notifies the estate of its claim through a Notice of Proposed Recovery and places a lien on the estate unless an exemption applies; the District must waive or reduce the claim in cases of undue hardship.
Steps to take when someone dies
Medicaid Estate Recovery in District of Columbia: key facts
What District of Columbia says8
- Who is subject to recovery
The DHCF fact sheet says a Medicaid beneficiary who received Medicaid coverage at age 55 or older is covered by estate recovery, and DHCF must ask the estate to repay the District for the services Medicaid paid for.1
- What is recovered
29 DCMR 6701.2 makes all services and health premiums paid under the District's State Plan subject to recovery for anyone who received medical assistance at age 55 or older, including nursing facility services, home and community-based services, and related hospital and prescription drug services.2
Estate recovery does not include Medicare Part A and B premiums, deductibles, coinsurance, and copayments with dates of service on or after January 1, 2010.1
D.C. Code 4-214.01 is a separate District claim against the estates of Old Age Assistance and Aid to the Disabled recipients.3
- What counts as the estate
The State Plan, adopting D.C. Official Code 20-101(1), and 29 DCMR 6799 define the estate as all real and personal property, including a home, owned by the deceased beneficiary that does not pass to another person at the time of death.4, 2
Assets that pass outside probate by beneficiary designation or by operation of law are outside the estate.4, 2
- How the state files its claim
The fact sheet says the District notifies the estate of its intent to file a claim by placing a lien on the estate (a Notice of Proposed Recovery), and no lien is placed if an exemption is met.1
Under 29 DCMR 6704.2 the notice must itemize the medical services Medicaid paid, state the legal basis for the claim, list all exemptions from recovery, and set out the undue-hardship procedure with appeal rights and deadlines.2
Under 29 DCMR 6705.2, filing an appeal does not stop the District from filing its claim against the estate.2
- When recovery is deferred or barred
Once a lien is placed, the District may seek recovery only after the surviving spouse, a child under 21, or a blind or disabled child no longer lives in the home and the home is sold.1
- Exemptions and protected assets
Under 29 DCMR 6702.1 the District will not impose a lien on the home while the surviving spouse, or the beneficiary's child who is under age 21 or is blind or disabled, is lawfully residing there.2
Nor will it impose the lien while a sibling of the beneficiary is lawfully residing in the home who has an equity interest in it and lived there for at least one year immediately before the beneficiary entered the medical institution.2
- When the state does not pursue a claim
29 DCMR 6702.3 treats recovery as not cost-effective, and allows the claim to be waived, when the amount of the claim is less than $100.2, 4
- Undue-hardship waiver
Under 29 DCMR 6703.1 the District will not pursue recovery where the home is the sole income-producing asset of a family business that operated there for at least 12 months before the death and provides 100% of an heir's livelihood, and recovery would cost the heir that livelihood.2
The District also will not pursue recovery where it would leave the person without shelter they cannot otherwise afford, or where the estate proceeds would make the difference in that person's eligibility for assistance payments.1
Hardship does not exist where recovery merely inconveniences the heirs, restricts their lifestyle, or prevents an anticipated inheritance.1
Under 29 DCMR 6703.4 a waiver applies only to the proportionate share of the estate passing to the person who qualifies.2
Governing law: 29 DCMR 6700-6799 (ch. 67); 42 U.S.C. 1396p(b); DC Medicaid State Plan Attachment 4.17-A; D.C. Code 4-214.01 (a separate claim)
Deadlines5
- Request for the Undue Hardship Waiver Application, by the personal representative or attorney of record
within 15 business days of the date of the Notice of Proposed Recovery2
- Return of the completed application with supporting documents
within 30 calendar days of receipt of the application; A late or still-incomplete application means the District seeks the full amount of the claim.2
- Completing an application denied as incomplete
within 5 additional working days of the date of the denial notice; A still-incomplete application means the District seeks the full amount of the claim.2
- DHCF's answer to a completed application
within 30 calendar days of receipt of the completed application2
- Appeal of a denial to the DC Office of Administrative Hearings
within 30 days of the decision letter2
Forms District of Columbia uses1
- Undue Hardship Waiver Application
Asking the District to waive its claim where an exemption or undue hardship applies; it is requested from DHCF and returned completed with supporting documents.2
Other offices involved1
- DC Office of Administrative Hearings
Appeals of DHCF undue-hardship waiver decisions2
Sources4
- 1.DHCF Medicaid Estate Recovery Fact Sheet (version Aug. 19, 2015)
- 2.29 DCMR ch. 67, "Medicaid Program - Liens and Adjustments or Estate Recovery," 29 DCMR 6700-6799 (Final Rulemaking, 53 DCR 6353, Aug. 4, 2006)
- 3.D.C. Code 4-214.01
- 4.DC Medicaid State Plan Attachment 4.17-A (estate defined by D.C. Official Code 20-101(1))
District of Columbia Medicaid estate recovery
DC Department of Health Care Finance (DHCF)
Phone
Health Care Operations Administration, Third Party Liability Division
Website
Tools for Planning and Settling an Estate in District of Columbia
Free calculators and checklists for planning or settling an estate in District of Columbia: will and trust costs, probate, executor pay, and inheritance taxes.
How Do I Settle an Estate?
Settling an estate in District of Columbia: the personal representative files the estate inventory within 90 daysD.C. Code §§ 20-711 to 20-713.01Verified Sep 15, 2026View source of appointment; creditors have 6 monthsD.C. Code §§ 20-704, 20-903, 20-905, 20-906, 20-908Verified Oct 18, 2026View source to present claims; a simple estate closes in 6 months to 12 months.
How Much Does Probate Cost?
Probate on a $500,000 estate in District of Columbia costs an estimated $26,493D.C. Code § 20-753 (reasonableness review of attorney compensation; no statutory percentage)Verified Sep 8, 2026View source. Attorney fees run 2%D.C. Code § 20-753 (reasonableness review of attorney compensation; no statutory percentage)Verified Sep 8, 2026View source to 3.1%D.C. Code § 20-753 (reasonableness review of attorney compensation; no statutory percentage)Verified Sep 8, 2026View source of the estate under a reasonable-compensation standard.
Do I Need Probate?
In District of Columbia, estates with personal property of $40,000D.C. Code § 20-351Verified Sep 8, 2026View source or less skip probate with the Transfer by AffidavitD.C. Code § 20-351Verified Sep 8, 2026View source, 60 daysD.C. Code § 20-351Verified Sep 8, 2026View source after death.
Who Inherits Without a Will?
Without a will in District of Columbia, a surviving spouse takes the first $0 plus two-thirds of the restD.C. Code § 19-302Verified Sep 10, 2026View source when every child of either spouse is a child of both, and descendants divide what passes to them per stirpesD.C. Code § 19-307Verified Sep 10, 2026View source.
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