Medicaid Estate Recovery in Idaho

What is recovered

The Department of Health and Welfare may collect from the estate of a deceased Medicaid member as repayment for any medical care service Medicaid paid for, a wide range of services including nursing home and community-based in-home care.¹

The services include 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.¹

Who is subject to recovery

The Department of Health and Welfare names members 55 or older who received Medicaid assistance, and members who were permanently institutionalized and received Medicaid assistance, regardless of age.²

Idaho Code 56-218(1) allows recovery from the estate of medical assistance paid on behalf of an individual who was 55 or older when the individual received it.³

When recovery is deferred or barred

Idaho Code 56-218(1)(a) allows 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.³

Exemptions and protected assets

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.^{1, 2}

Undue-hardship waiver

Idaho Code 56-218(7) has the director set undue-hardship waivers by rule where the estate is income-producing property that is the primary source of support for other family members, or where the estate value is below an amount specified in the rules.³

Idaho Code 56-218(7) also provides an undue-hardship waiver where recovery would make the heirs eligible for public assistance.³

How the state files its claim

Idaho Code 56-218(5) requires the personal representative of every estate subject to a claim to give the director written notice of the appointment within 30 days.³

Liens on real property

Idaho Code 56-218(6)(a) lets the Department perfect a lien within 90 days after a written request for prompt action, or three years from death, whichever is sooner.³

Governing law: Idaho Code 56-218

Personal representative's written notice of appointment to the director

within 30 days of the appointment³

The Department perfects its lien

within 90 days, or three years from death, whichever is sooner of a written request for prompt action³

1. 1.About Medicaid for Adults (Idaho Department of Health and Welfare)
2. 2.About Medicaid for the Elderly or Adults with Disabilities (Idaho Department of Health and Welfare)
3. 3.Idaho Code 56-218