Medicaid Estate Recovery in Maine
Maine recovers what MaineCare (Medicaid) paid from the estates of members who were age 55 or older at death. Since November 24, 2021, recovery reaches only nursing facility services, home- and community-based services (HCBS), and hospital and prescription drug services related to them. Only the amount MaineCare paid is recovered, not the full value of the estate.
OverviewWhen someone dies
Administering agency
Maine Department of Health and Human Services — Office of MaineCare Services (Estate Recovery)
Phone1-800-977-6740
WebsiteVisit website →
Authority
22 M.R.S. 14(2-I)
Verified Jul 2026
Medicaid Estate Recovery in Maine: key facts
- Recovery scope
- Effective November 24, 2021, MaineCare seeks recovery only for nursing facility services, home- and community-based services (HCBS), and the hospital and prescription drug services related to them. Recovery is limited to what MaineCare paid, not the value of the whole estate.
- Who is subject
- Members who received MaineCare at age 55 or older AND received nursing facility services or HCBS, with no surviving spouse, no child under age 21, and no disabled child of any age at the time the Department seeks recovery. MaineCare seeks no recovery from a member who never received nursing facility services or HCBS, or who only received the Medicare Savings Program (Buy-in) benefit.
- Not subject to recovery
- For members who died on or after September 1, 2019: a $15,000 family allowance for estates of $20,000 or less where there is a surviving child of any age. Reasonable funeral expenses, attorneys' fees, probate court costs, upkeep of property, and personal representative fees up to $3,000 are also excluded.
- Waivers
- A hardship waiver (heirs' combined income and assets below 180% of the federal poverty level, with at least two years living in the member's home before death) and a care-given waiver (caregiving heir with income below 200% of the federal poverty level; $6,000, $12,000, or $32,000 waived for each of the two years depending on the level of care) are available.
Governing law: 22 M.R.S. 14(2-I)
Frequently asked questions
No. MaineCare recovers only the amount it paid for the covered services, not the value of the whole estate. DHHS gives this example: on a $150,000 estate where MaineCare costs were $20,000, MaineCare would seek to recover $20,000, not the value of the whole estate.
MaineCare seeks no recovery from a member who never received nursing facility services or home- and community-based services, or who only received the Medicare Savings Program (Buy-in) benefit. Recovery is also not sought while there is a surviving spouse, a child under age 21, or a disabled child of any age at the time the Department seeks recovery. For members who died on or after September 1, 2019, a $15,000 family allowance is exempt for estates of $20,000 or less where there is a surviving child of any age.
When someone dies
Steps after a death in Maine
4-step process for Maine Department of Health and Human Services — Office of MaineCare Services (Estate Recovery).
View details →
Sources
Data sourced from Medicaid Estate Recovery in Maine primary sources (4 pages reviewed). How we research.
Administering agency
Maine Department of Health and Human Services — Office of MaineCare Services (Estate Recovery)
Phone1-800-977-6740
WebsiteVisit website →
Authority
22 M.R.S. 14(2-I)
Verified Jul 2026