Medicaid Estate Recovery in Idaho

Medicaid Estate Recovery in Idaho: key facts

Recovery scope

Any medical care service Medicaid paid for on the member's behalf — a wide range of services, including nursing home and community-based in-home care; the hospital and prescription drug services the member received while in a nursing home or while receiving in-home care; and capitation payments to Medicaid-contracted health insurance companies or medical providers.

Who is subject

Anyone 55 or older who received Medicaid assistance, and anyone who was permanently institutionalized and received Medicaid assistance, regardless of age.

Recovery deferred

No adjustment or recovery until after the death of both the recipient and the spouse, and only when there is no surviving child who is under 21 or is blind or permanently and totally disabled.

Tribal property exempt

Idaho Medicaid Estate Recovery exempts all property, whether held in trust or not, owned by an American Indian or Alaskan Native and located within the boundaries of a tribal reservation.

Hardship waiver

The director promulgates rules establishing undue-hardship waivers where the estate is income-producing property that provides the primary source of support for other family members, where the estate value is below an amount specified in the rules, or where recovery would make the heirs eligible for public assistance.

Governing law: Idaho Code 56-218

Steps to take when someone dies

1. Determine whether the deceased received Medicaid assistance at age 55 or older, or was permanently institutionalized at any age.
2. Contact the Estate Recovery Office at the Idaho Department of Health and Welfare (866-849-3843) to confirm whether a recovery claim applies and request the amount.
3. As personal representative, give written notice of your appointment to the director within 30 days — Idaho Code 56-218(5) requires it for every estate subject to a claim.
4. Address the claim as a debt of the estate before distributing assets; the Department may perfect a lien within 90 days after a written request for prompt action, or three years from death, whichever is sooner.
5. Request an undue-hardship waiver if the estate is income-producing property supporting other family members, or if recovery would make the heirs eligible for public assistance.

Frequently asked questions