Medicaid Estate Recovery in Indiana: when someone dies
A 4-step process for Indiana Family and Social Services Administration (FSSA) — Estate Recovery Program after a death in Indiana.
Administering agency
Indiana Family and Social Services Administration (FSSA) — Estate Recovery Program
Authority
Ind. Code 12-15-9; Ind. Code 29-1-7-7(d), (g); 42 U.S.C. 1396p
Steps to take
- Determine whether the deceased received Medicaid assistance at age 55 or older.
- Contact the FSSA Estate Recovery Program to confirm whether a claim applies and request the amount.
- Address the claim as a debt of the estate before distributing assets to heirs.
- 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
Indiana Family and Social Services Administration (FSSA) — Estate Recovery Program
Phone: 877-267-0013
Visit the agency website →Frequently asked questions
The State of Indiana has nine (9) months after the date of death to file a claim in a probated estate; that limit does not apply to assets that were never reported to the county office of the Division of Family Resources. A surviving beneficiary may apply for an undue-hardship waiver within 90 days of the date of the claim.
Sources
Data sourced from Medicaid Estate Recovery in Indiana primary sources (4 pages reviewed). How we research.
Administering agency
Indiana Family and Social Services Administration (FSSA) — Estate Recovery Program
Authority
Ind. Code 12-15-9; Ind. Code 29-1-7-7(d), (g); 42 U.S.C. 1396p