Medicaid Estate Recovery in Tennessee

What is recovered

TennCare recovers what it paid for long-term care services under CHOICES Groups 1, 2, or 3: nursing facility care and home and community-based services.¹

TennCare estate recovery does not recover ordinary medical care.¹

Who is subject to recovery

Members who received CHOICES long-term care at age 55 or older. Recovery is sought only after the member has died.¹

When recovery is deferred or barred

TennCare waives recovery while a surviving spouse is living, and while there is a surviving child under 21 or a blind or permanently and totally disabled child.¹

Undue-hardship waiver

TennCare recognizes undue hardship for an estate that is the sole income-producing asset of the survivors, such as a family farm or business.¹

Undue hardship also covers a sibling caregiver who lawfully resided in the home for at least 1 year before the member's admission to the institution, or a son or daughter caregiver who did so for at least 2 years, and has lived there continuously since. It ends if the caregiver moves out, sells the property, or dies.¹

How the state files its claim

If the estate owes money, TennCare sends a claim with an itemized statement, which is addressed as a debt of the estate before assets are distributed.¹

Tenn. Code 71-5-116(c)(2) requires the personal representative to file a release from the Bureau of TennCare with the probate court clerk before a probate estate may be closed for a decedent enrolled in TennCare at death.^{2, 3}

Governing law: Tenn. Code 71-5-116

Clerk of the court exercising probate jurisdiction

Receives the TennCare release before a probate estate is closed^{2, 3}

1. 1.Estate Recovery (Division of TennCare)
2. 2.Tennessee Code Unannotated (official public access), Tenn. Code 71-5-116
3. 3.Tenn. Code 71-5-116