Medicaid Estate Recovery in Nevada
Nevada recovers correctly paid Medicaid benefits from the undivided estate of a recipient who was 55 or older when the benefits were received, or who was an inpatient of a medical facility who could not be expected to return home. The Medicaid Estate Recovery (MER) program is run by the Office of the Medicaid Inspector General within the Nevada Health Authority.
Administering agency
Nevada Health Authority — Office of the Medicaid Inspector General (Medicaid Estate Recovery)
Authority
NRS 422.29302; NRS 422.054
Medicaid Estate Recovery in Nevada: key facts
- Who is subject
- Recipients age 55 or older, and inpatients of a nursing facility, intermediate care facility or other medical institution who cannot reasonably be expected to be discharged and return home.
- Recovery scope
- Correctly paid Medicaid benefits recovered from the "undivided estate" — all real and personal property the recipient had any interest in or legal title to at death, including assets conveyed by joint tenancy, tenancy in common, survivorship, life estate, living trust, annuity, or declaration of 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; certain income, property and resources of American Indians and Alaska Natives are also exempt. 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
- Nevada defines hardship as undue and substantial hardship resulting in severe financial distress or a significant compromise to health care or shelter needs. Any beneficiary, heir or family member may apply for a hardship waiver at the time of recovery; the completed "Request for Hardship Waiver of Correctly Paid Medicaid Benefits" must be submitted within 30 days from the date the hardship papers are mailed.
- Contact
- Phone (775) 684-8416 or mer@nvha.nv.gov, with the recipient's name, date of birth, Social Security number and date of death. Mail: Nevada Health Authority, Medicaid Estate Recovery, 9850 Double R Blvd, Suite 200, Reno, NV 89521.
Governing law: NRS 422.29302; NRS 422.054
Steps to take when someone dies
- Determine whether the deceased received Medicaid at age 55 or older, or was an inpatient who could not be expected to return home.
- Contact the Medicaid Estate Recovery program at (775) 684-8416 or mer@nvha.nv.gov — with the recipient's name, date of birth, Social Security number and date of death — to confirm whether a recovery claim applies and the amount.
- Address the claim against the undivided estate before distributing assets to heirs. If probate is opened, send all probate documents to Medicaid Estate Recovery, which prepares creditor claims for probates subject to recovery.
- Submit a hardship waiver request at the time of recovery if recovery would cause undue hardship; the completed waiver request is due within 30 days from the date the hardship papers are mailed.
Nevada Health Authority — Office of the Medicaid Inspector General (Medicaid Estate Recovery)
Phone: (775) 684-8416
Visit the agency website →Frequently asked questions
No. Medicaid payments subject to recovery include home and community based services, nursing facility services, hospital, physician and prescription drug services, Managed Care Organization premiums, and any other payments made by the Medicaid program. Repayment applies to recipients who were 55 or older, and to inpatients of a medical facility who could not be expected to return home.
Under NRS 422.29302, Nevada cannot recover while there is a surviving spouse, a surviving child under 21, or a blind or disabled child of any age. Certain income, property and resources of American Indians and Alaska Natives are also exempt. Medicaid may place a lien on the property during that time instead.
Any beneficiary, heir or family member may apply for a hardship waiver at the time of recovery. Medicaid Estate Recovery sends the "Request for Hardship Waiver of Correctly Paid Medicaid Benefits" along with the undue-hardship criteria, and the completed request must be submitted within 30 days from the date the hardship papers are mailed. Nevada defines hardship as undue and substantial hardship resulting in severe financial distress or a significant compromise to health care or shelter needs.
Sources
Data sourced from Medicaid Estate Recovery in Nevada primary sources (5 pages reviewed). How we research.
Administering agency
Nevada Health Authority — Office of the Medicaid Inspector General (Medicaid Estate Recovery)
Authority
NRS 422.29302; NRS 422.054