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Home→Agencies→Medicaid Estate Recovery→Massachusetts

Medicaid Estate Recovery in Massachusetts

MassHealth recovers benefits it correctly paid from the probate estate of a deceased member. Under changes effective for deaths on or after August 1, 2024, recovery is narrowed to the long-term-care services federal law requires, and MassHealth waives recovery for probate estates valued at $25,000 or less.

OverviewWhen someone dies

Medicaid Recovery

Massachusetts

mass.gov/info-details/massachusetts-medicaid-estate-recovery→

Administering agency

MassHealth — Estate Recovery Unit (Executive Office of Health and Human Services)

WebsiteVisit website →

Authority

M.G.L. c. 118E, s. 31 (as amended by St. 2024, c. 197)

Verified Jul 2026

Medicaid Estate Recovery in Massachusetts: key facts

Recovery scope (deaths on or after Aug. 1, 2024)
Only nursing facility services, home and community-based services, and related hospital and prescription drug services for which estate recovery is mandated under federal law (42 U.S.C. 1396p), plus recovery from anyone who was a resident of a nursing facility or other medical institution when assistance was received.
Who is subject
Members 55 or older when they received the assistance, and members of any age who were residents of a nursing facility or other medical institution when they received it.
Small-estate waiver
MassHealth waives recovery for probate estates valued at $25,000 or less; the personal representative still sends MassHealth a copy of the probate petition and the death certificate.
Recovery deferred
Recovery may be made only after the death of a surviving spouse, and only when there is no surviving child who is under 21 or who is blind or has a disability. The "estate" reached is the probate estate.

Governing law: M.G.L. c. 118E, s. 31 (as amended by St. 2024, c. 197)

Frequently asked questions

For members who died on or after August 1, 2024, recovery is limited to nursing facility services, home and community-based services, and related hospital and prescription drug services for which estate recovery is required under federal law. MassHealth also recovers from anyone who was a resident of a nursing facility or other medical institution when assistance was received.

When someone dies

Steps after a death in Massachusetts

5-step process for MassHealth — Estate Recovery Unit (Executive Office of Health and Human Services).

View details →
SimplyTrustSimplyTrust Editorial·Updated July 14, 2026

Sources

  • mass.gov
  • malegislature.gov

Data sourced from Medicaid Estate Recovery in Massachusetts primary sources (3 pages reviewed). How we research.

Medicaid Recovery

Massachusetts

mass.gov/info-details/massachusetts-medicaid-estate-recovery→

Administering agency

MassHealth — Estate Recovery Unit (Executive Office of Health and Human Services)

WebsiteVisit website →

Authority

M.G.L. c. 118E, s. 31 (as amended by St. 2024, c. 197)

Verified Jul 2026
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