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Home→Agencies→Medicaid Estate Recovery→Maryland→When someone dies

Medicaid Estate Recovery in Maryland: when someone dies

A 4-step process for Maryland Department of Health — Medical Assistance, Estate Recovery after a death in Maryland.

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

Steps to take

  1. Determine whether the deceased received Maryland Medicaid medical assistance at age 55 or older, or was permanently institutionalized.
  2. Contact the Maryland Department of Health to confirm whether a recovery claim applies and request the amount.
  3. Address the claim as a debt of the estate before distributing assets to heirs.
  4. Request a hardship waiver from the Department if enforcement of the claim would cause substantial hardship to surviving dependents.

Maryland Department of Health — Medical Assistance, Estate Recovery

Visit the agency website →

Frequently asked questions

Maryland may make a claim against the estate of a deceased Medicaid recipient who was 55 or older when assistance was received, or who was permanently institutionalized at any age. The claim covers medical assistance paid under the Maryland Medical Assistance Program.

Yes. Under Md. Code, Health-General 15-121, the Maryland Department of Health waives the claim if, in its judgment, enforcement would cause substantial hardship to the surviving dependents of the deceased.

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