Medicaid Estate Recovery in Hawaii

Medicaid Estate Recovery in Hawaii: key facts

Who is subject

Recipients age 55 or older when the medical assistance was received. A claim is filed only when there is no surviving spouse and no surviving child who is under 21 or blind or disabled (Haw. Rev. Stat. 346-37(a)).

Nursing-facility recipients

Haw. Rev. Stat. 346-37(a) separately directs a claim against the estate of a recipient who was an inpatient in a nursing facility, an intermediate care facility for individuals with intellectual disabilities, or another medical institution, when there is no surviving spouse and no surviving child who is under 21, blind, or disabled.

Recovery deferred

While there is a surviving spouse, or a surviving child who is under 21, blind, or disabled.

Recovery scope

The amount of medical assistance granted, recovered as a claim against the estate of the deceased recipient.

Hardship

Federal Medicaid law requires the state to waive recovery where it would work an undue hardship (42 U.S.C. 1396p(b)(3)(A)). Requests for a hardship waiver go to the Med-QUEST Division.

Governing law: Haw. Rev. Stat. 346-37

Frequently asked questions