Medicaid Estate Recovery in Kentucky: when someone dies

Steps to take

1. Determine whether the deceased received Medicaid nursing facility, ICF-IID, or waiver services at age 55 or older, or while permanently institutionalized.
2. The provider reports the death to the local Department for Community Based Services office within ten days; the Department then serves the estate representative a written notice of intent to recover.
3. Address the noticed amount as a debt of the estate, after confirming whether a surviving-spouse or surviving-child exemption applies.
4. Apply for an undue hardship exemption within thirty days of the notice if it applies:
   • Submit a written request to the Department for Medicaid Services
   • Verify that the asset is a sole income-producing family farm or business conveyed to a recipient family member
   • The Department issues a decision within thirty days; a denial can be appealed

Frequently asked questions