Medicaid Estate Recovery in Florida

Accepting Florida Medicaid medical assistance creates a debt to the Agency for Health Care Administration for everything paid for the recipient after the recipient reached 55 years of age. The Agency recovers by filing a statement of claim against the deceased recipient's probate estate, through its Third Party Liability Recovery Program.

OverviewWhen someone dies

Medicaid Recovery

Florida

ahca.myflorida.com/medicaid/medicaid-policy-quality-and-operations/medicaid-operations/third-party-liability-tpl.html→

Administering agency

Florida Agency for Health Care Administration (AHCA) — Medicaid Third Party Liability Recovery Program

Phone1-877-357-3268

WebsiteVisit website →

Authority

Fla. Stat. 409.9101 (Medicaid Estate Recovery Act)

Verified Jul 2026

Medicaid Estate Recovery in Florida: key facts

Who is subject: Recipients who received Medicaid medical assistance after reaching age 55. Payment of benefits to a person under the age of 55 does not create a debt.
Recovery barred: The debt is not enforced if the recipient is survived by a spouse, by a child under 21, or by a child who is blind or permanently and totally disabled.
Homestead protection: No debt under the Act is enforced against property determined to be exempt from the claims of creditors under the Florida Constitution or laws of this state, which is how constitutional homestead is protected.
Undue hardship waiver: The personal representative or any heir may ask the Agency to waive recovery for hardship. A hardship does not exist solely because recovery will prevent heirs from receiving an anticipated inheritance. Criteria the Agency considers include an heir who lived in the decedent's residence for the 12 months before death and owns no other residence, an heir who would be deprived of food, clothing, shelter, or medical care, an heir who gave full-time care that delayed the recipient's entry into a nursing home, and a sale cost equal to or greater than the value of the property.
No transfer of real property: Where there are no liquid assets, nonexempt property that is not protected homestead is sold to satisfy the claim. Real property is never transferred to the Agency.

Governing law: Fla. Stat. 409.9101 (Medicaid Estate Recovery Act)

When someone dies

Steps after a death in Florida

4-step process for Florida Agency for Health Care Administration (AHCA) — Medicaid Third Party Liability Recovery Program.

View details →

SimplyTrust Editorial·Updated July 14, 2026

Sources

Data sourced from Medicaid Estate Recovery in Florida primary sources (2 pages reviewed). How we research.

Medicaid Recovery

Florida

ahca.myflorida.com/medicaid/medicaid-policy-quality-and-operations/medicaid-operations/third-party-liability-tpl.html→

Administering agency

Florida Agency for Health Care Administration (AHCA) — Medicaid Third Party Liability Recovery Program

Phone1-877-357-3268

WebsiteVisit website →

Authority

Fla. Stat. 409.9101 (Medicaid Estate Recovery Act)

Verified Jul 2026

Medicaid Estate Recovery in Florida: key facts

Who is subject

Recipients who received Medicaid medical assistance after reaching age 55. Payment of benefits to a person under the age of 55 does not create a debt.

Recovery barred

The debt is not enforced if the recipient is survived by a spouse, by a child under 21, or by a child who is blind or permanently and totally disabled.

Homestead protection

No debt under the Act is enforced against property determined to be exempt from the claims of creditors under the Florida Constitution or laws of this state, which is how constitutional homestead is protected.

Undue hardship waiver

The personal representative or any heir may ask the Agency to waive recovery for hardship. A hardship does not exist solely because recovery will prevent heirs from receiving an anticipated inheritance. Criteria the Agency considers include an heir who lived in the decedent's residence for the 12 months before death and owns no other residence, an heir who would be deprived of food, clothing, shelter, or medical care, an heir who gave full-time care that delayed the recipient's entry into a nursing home, and a sale cost equal to or greater than the value of the property.

No transfer of real property

Where there are no liquid assets, nonexempt property that is not protected homestead is sold to satisfy the claim. Real property is never transferred to the Agency.

Governing law: Fla. Stat. 409.9101 (Medicaid Estate Recovery Act)