Medicaid Estate Recovery in Florida: when someone dies
A 4-step process for Florida Agency for Health Care Administration (AHCA) — Medicaid Third Party Liability Recovery Program after a death in Florida.
OverviewWhen someone dies
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
Steps to take
- Determine whether the deceased received Florida Medicaid medical assistance after reaching age 55.
- Send notice of the death and the probate proceeding to the Florida Medicaid TPL Recovery Program, as required by Fla. Stat. 409.910, 409.9101, and 733.2121.
- Request the recovery claim amount and treat the claim, once filed in the probate proceeding, as a debt of the estate before distributing assets to heirs.
- Ask the Agency to waive recovery for hardship, or assert the homestead or another creditor exemption, where it applies.
Florida Agency for Health Care Administration (AHCA) — Medicaid Third Party Liability Recovery Program
Phone: 1-877-357-3268
Visit the agency website →Frequently asked questions
Under Fla. Stat. 409.9101, accepting Medicaid medical assistance creates a debt to the Agency for the total amount paid for the recipient after the recipient reached 55 years of age. Payment of benefits to a person under 55 does not create a debt. The Agency recovers by filing a statement of claim in the probate proceeding.
No debt under the Medicaid Estate Recovery Act is enforced against property determined to be exempt from the claims of creditors under the Florida Constitution or state law. Florida's constitutional homestead protection is applied in that determination.
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. Separately, the personal representative or any heir may request a hardship waiver; a hardship does not exist solely because recovery prevents heirs from receiving an anticipated inheritance.
Sources
Data sourced from Medicaid Estate Recovery in Florida primary sources (2 pages reviewed). How we research.
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