Medicaid Estate Recovery in Nevada

Medicaid Estate Recovery in Nevada: key facts

Who is subject

Recipients age 55 or older when benefits were received, and certain inpatients of a nursing facility or institution who could not reasonably be expected to be discharged home.

Recovery scope

Correctly paid Medicaid benefits recovered from the "undivided estate" — all real and personal property the recipient had any interest in at death, including assets passing by joint tenancy, life estate, living trust, annuity, or homestead (NRS 422.054).

Recovery barred

Medicaid cannot recover while there is a surviving spouse, a surviving child under 21, or a blind or disabled child of any age. A lien may be placed on the recipient's property during that time and is released if a protected survivor sells to a bona fide purchaser for fair market value.

Hardship waiver

Heirs may request a hardship waiver at the time of recovery if recovery would cause undue hardship. The Division provides hardship waiver application information to known heirs at the time of recovery.

Frequently asked questions