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Home→Agencies→Medicaid Estate Recovery→Maryland

Medicaid Estate Recovery in Maryland

The Maryland Department of Health may make a claim against the estate of a deceased Medicaid recipient for medical assistance paid on their behalf. Recovery applies to recipients who were 55 or older when they received assistance, and to recipients who were permanently institutionalized at any age.

OverviewWhen someone dies

Medicaid Recovery

Maryland

health.maryland.gov/mmcp/Pages/home.aspx→

Administering agency

Maryland Department of Health — Medical Assistance, Estate Recovery

WebsiteVisit website →

Authority

Md. Code, Health-General 15-121

Verified May 2026

Medicaid Estate Recovery in Maryland: key facts

Recovery scope
Medical assistance payments made under the Maryland Medical Assistance Program, in accordance with federal law (42 U.S.C. 1396p).
Who is subject
Recipients age 55 or older when assistance was received, and recipients who were permanently institutionalized at any age.
Recovery deferred
While a surviving spouse is living, and while there is a surviving child under 21 or a child who is blind or permanently and totally disabled (42 U.S.C. 1396p(b)(2)).
Hardship waiver
The Department waives the claim if, in its judgment, enforcement would cause substantial hardship to the surviving dependents of the deceased (Md. Code, Health-General 15-121(b)).

Frequently asked questions

Recovery is deferred while a surviving spouse is living, and while there is a surviving child under 21 or a child who is blind or permanently and totally disabled, consistent with federal law (42 U.S.C. 1396p(b)(2)).

When someone dies

Steps after a death in Maryland

4-step process for Maryland Department of Health — Medical Assistance, Estate Recovery.

View details →

Medicaid Recovery

Maryland

health.maryland.gov/mmcp/Pages/home.aspx→

Administering agency

Maryland Department of Health — Medical Assistance, Estate Recovery

WebsiteVisit website →

Authority

Md. Code, Health-General 15-121

Verified May 2026