Medicaid Estate Recovery in Oklahoma

Medicaid Estate Recovery in Oklahoma: key facts

Recovery scope

Payments for nursing facility services, home and community based services, related hospital and prescription drug services, physician services, and transportation, for care received on or after July 1, 1994.

Who is subject

Members who were 55 or older when the recoverable care was received. A lien may also be placed against the home of a member who is permanently institutionalized and cannot reasonably be expected to return home.

Recovery deferred

Estate recovery may be made only after the death of the member's spouse, and only when no surviving child age 20 or less and no surviving disabled child of any age is living in the home. A lien on the home cannot be filed or enforced while a surviving spouse, a child age 20 or less, a disabled child, a sibling with an equity interest who lived there for the year before the member's admission, or a son or daughter who lived there for two years and provided care that kept the member out of an institution, lawfully resides there.

Undue hardship waiver

A waiver may be granted where enforcing a lien or an estate recovery would deprive the member of medical care such that health or life would be endangered, or would deprive the member or financially dependent family members of food, clothing, shelter, or other necessities of life. Mere inconvenience or a restricted lifestyle does not qualify. Waiver decisions are made at the Oklahoma Human Services State Office, Family Support Services Division; a denial comes with written notice of the appeal process.

Governing law: OAC 317:35-9-15

Frequently asked questions