Medicaid Estate Recovery in Nevada

What is recovered

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.¹

Who is subject to recovery

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.²

What counts as the estate

Correctly paid Medicaid benefits are recovered from the "undivided estate": all real and personal property the recipient had any interest in or legal title to at death (NRS 422.054).^{3, 2}

The undivided estate includes assets conveyed by joint tenancy, tenancy in common, survivorship, life estate, living trust, annuity, or declaration of homestead.^{3, 2}

When recovery is deferred or barred

Under NRS 422.29302, Medicaid cannot recover while there is a surviving spouse, a surviving child under 21, or a blind or disabled child of any age.^{3, 2}

Exemptions and protected assets

Certain income, property and resources of American Indians and Alaska Natives are exempt from recovery.²

Liens on real property

While recovery is barred by a protected survivor, Medicaid may place a lien on the recipient's property.^{3, 2}

The Notification of Program Operation states that Medicaid must release the lien if the spouse, blind or disabled child or child under the age of 21 sells the property to a bona fide purchaser for fair market value.⁴

Undue-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.^{2, 3}

Any beneficiary, heir or family member may apply for a hardship waiver at the time of recovery.²

How the state files its claim

If probate is opened, all probate documents are sent to Medicaid Estate Recovery, which prepares creditor claims for probates subject to recovery.¹

Governing law: NRS 422.29302; NRS 422.054

Completed Request for Hardship Waiver of Correctly Paid Medicaid Benefits

within 30 days of the date the hardship papers are mailed²

1. 1.Medicaid Estate Recovery (Nevada Office of the Medicaid Inspector General)
2. 2.Medicaid Estate Recovery FAQs
3. 3.NRS Chapter 422
4. 4.Medicaid Estate Recovery Notification of Program Operation (NMO-6160E)