Medicaid Estate Recovery in Oregon

What is recovered

Medicaid benefits paid since age 55 during the member's long-term care: nursing facility, assisted living, residential and adult foster care, in-home care, and related fee-for-service and managed-care costs.¹

Who is subject to recovery

Oregon Health Plan members who received long-term care services at age 55 or older.¹

ORS 416.350(2) also reaches medical assistance paid for a person of any age who was a permanently institutionalized inpatient in a nursing facility, an intermediate care facility for persons with intellectual disabilities, or another medical institution.²

When recovery is deferred or barred

Under ORS 416.350, no claim is made until after the surviving spouse dies, and no claim is made while there is a surviving child under 21 or a child of any age who is blind or permanently and totally disabled.²

Exemptions and protected assets

For a Native American or Alaska Native tribal member, Oregon's estate recovery rules exempt trust land and other tribal resources and items with unique religious, spiritual, traditional, or cultural significance.³

Undue-hardship waiver

Under Oregon's hardship waiver rule, a beneficiary, heir, or family member claiming the deceased person's assets may request an undue-hardship waiver in writing within 45 days of the date ODHS sent the hardship-waiver notice to that person or to the probate court. ODHS may consider a later request for good cause.⁴

Under Oregon's hardship criteria rule, ODHS may consider whether enforcing the claim would make the applicant eligible for assistance or homeless.⁵

Filing a hardship-waiver request or a hearing request does not stop ODHS from pursuing its estate recovery claim in the meantime. If the waiver is ultimately granted, ODHS returns any funds it collected.⁴

How the state files its claim

The ODHS Estate Administration Unit files claims with personal representatives and the probate court when an estate is administered.¹

Governing law: ORS 416.350; OAR 461-135-0832 to 461-135-0847

Written request for an undue-hardship waiver

within 45 days of the date ODHS sent the notice to the person or to the probate court; ODHS may consider a later request if the applicant shows good cause for the delay⁴

Probate court

Receives the ODHS estate recovery claim when an estate is administered¹

1. 1.Estate Recovery (Oregon Department of Human Services, Financial Recovery)
2. 2.ORS Chapter 416
3. 3.OAR 461-135-0832 to 461-135-0847
4. 4.OAR 461-135-0844
5. 5.OAR 461-135-0841