Medicaid Estate Recovery in Montana

Medicaid Estate Recovery in Montana: key facts

Who is subject

Recipients age 55 or older when assistance was received, and residents of an institution such as the Montana State Hospital. Medicaid Expansion (HELP Program) enrollees are not subject to recovery.

What is recovered

The amount Medicaid paid on the recipient's behalf, claimed against the estate after death. Medicare cost-sharing paid through a Medicare Savings Program is not subject to recovery.

Recovery deferred

While there is a surviving spouse, a surviving child under 21, or a surviving child who is blind or permanently and totally disabled. The State may still recover from a surviving spouse's estate if the spouse dies within three years of the recipient.

Hardship waiver

The Department may waive recovery, wholly or in part, where it would cause undue hardship under Mont. Admin. r. 37.82.431 — for example a business or farm that is the heir's sole income source, or property needed for the necessities of life. Not available where assets were diverted to avoid recovery.

Frequently asked questions