Medicaid Estate Recovery in Georgia

What is recovered

Nursing facility services, personal care services, home and community-based services, hospital services, and prescription drug services provided as long-term care.^{1, 2, 3}

Who is subject to recovery

Members age 55 or older when they received the covered services, and members of any age who were an inpatient in a nursing facility, an intermediate care facility for individuals with intellectual disability, or another medical institution.^{4, 5}

When recovery is deferred or barred

No action is taken while a surviving spouse, a child under 21, or a blind or permanently and totally disabled child is living. A lien is not enforced while a qualifying sibling or caregiving child continues to occupy the home.⁵

Exemptions and protected assets

For deaths on or after July 1, 2018, the Commissioner waives any claim against the first $25,000 of the estate. An estate with a gross value of $25,000 or less is exempt from recovery entirely, and undue hardship does not have to be asserted.^{5, 6}

Undue-hardship waiver

Undue hardship is shown by clear and convincing evidence where recovery would take an income-producing farm that is an heir's sole income source with annual gross income of $25,000 or less, or would make the applicant eligible for needs-based public assistance.⁶

A waiver request is made in writing within 30 days of the notice, and the Department decides within 30 days.⁶

Governing law: Ga. Comp. R. & Regs. 111-3-8 (Estate Recovery); O.C.G.A. 49-4-147.1

Written request for an undue-hardship waiver

within 30 days of the notice of the claim; the Department decides within 30 days⁶

1. 1.Medicaid Estate Recovery (Georgia Department of Community Health)
2. 2.Estate Recovery Frequently Asked Questions (September 25, 2025)
3. 3.O.C.G.A. 49-4-147.1
4. 4.Ga. Comp. R. & Regs. 111-3-8, Estate Recovery
5. 5.Ga. Comp. R. & Regs. R. 111-3-8-.04
6. 6.Ga. Comp. R. & Regs. R. 111-3-8-.08