Medicaid Estate Recovery in Indiana

Medicaid Estate Recovery in Indiana: key facts

Recovery scope

The total amount Medicaid paid on behalf of a recipient after age 55, including capitation payments made to a managed care entity for a Healthy Indiana Plan member.

Who is subject

Recipients who were 55 or older when assistance was paid. Recoverable assets can include real property, bank accounts, Qualified Income (Miller) Trusts, annuities purchased after May 1, 2005, and assets in a revocable trust if transferred into the trust after May 1, 2002.

Recovery deferred

No recovery is sought while the recipient is survived by a spouse, a child under 21 years of age, or a child who is disabled or blind.

Claim deadline

Beginning July 1, 2025, the State has nine (9) months after the date of death to file a claim in a probated estate. The limit does not apply to assets that were not reported to the county office of the Division of Family Resources.

Contact

877-267-0013 or EstateRecovery@fssa.in.gov.

Governing law: Ind. Code 12-15-9; Ind. Code 29-1-7-7(d), (g); 42 U.S.C. 1396p

Steps to take when someone dies

1. Determine whether the deceased received Medicaid assistance at age 55 or older.
2. Contact the FSSA Estate Recovery Program to confirm whether a claim applies and request the amount.
3. Address the claim as a debt of the estate before distributing assets to heirs.
4. Apply for an undue-hardship waiver if recovery would cause a substantial and undue hardship for surviving beneficiaries:
   • Immediate family members may apply; other applicants are considered only in exceptional circumstances
   • A hardship application must be submitted within 90 days of the date of the claim

Frequently asked questions