Medicaid Estate Recovery in North Dakota

Medicaid Estate Recovery in North Dakota: key facts

Who is subject

A Medicaid member who was age 55 or older when services were received, or who was permanently institutionalized at any age and received a Notice of Permanent Institutionalization.

Recovery scope

The total medical assistance paid following the member's 55th birthday or institutionalization, allowed as a preferred claim against the estate after recipient liability, funeral expenses up to $3,500, last-illness expenses, and estate administration costs are paid.

Recovery deferred

No claim is required to be paid during the lifetime of a surviving spouse, or while there is a surviving child under 21 or a surviving child of any age who is blind or permanently and totally disabled.

Personal representative duty

The personal representative must send the department a copy of the petition commencing probate, heirship, or joint-tenancy tax-clearance proceedings, with a list of heirs, devisees, and surviving joint tenants (N.D.C.C. 50-24.1-07(3)).

Frequently asked questions