Medicaid Estate Recovery in New York: when someone dies
A 4-step process for New York State Office of the Medicaid Inspector General (OMIG) — Estate Recovery after a death in New York.
Administering agency
New York State Office of the Medicaid Inspector General (OMIG) — Estate Recovery
Authority
N.Y. Soc. Serv. Law 369; 18 NYCRR 360-7.11
Steps to take
- Determine whether the deceased received Medicaid at age 55 or older, or was permanently institutionalized.
- Watch for a Notice of Intent to File a Claim and an Estate Questionnaire from OMIG or its vendor (Health Management Systems, Inc., a Gainwell Technologies company), addressed to the estate representative or beneficiary.
- Complete and return the Estate Questionnaire, noting any deferral, exemption, or undue hardship and attaching probate documents and the death certificate.
- Address the Medicaid claim as a preferred creditor of the estate — paid after funeral expenses, administrative costs, and federal liens — before distributing assets to heirs.
New York State Office of the Medicaid Inspector General (OMIG) — Estate Recovery
Visit the agency website →Frequently asked questions
No. OMIG's claim is against the estate and pertains only to assets in the deceased recipient's name. Beneficiaries and estate representatives are not responsible for paying the claim out of their own funds.
Sources
Data sourced from Medicaid Estate Recovery in New York primary sources (4 pages reviewed). How we research.
Administering agency
New York State Office of the Medicaid Inspector General (OMIG) — Estate Recovery
Authority
N.Y. Soc. Serv. Law 369; 18 NYCRR 360-7.11