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Home→Agencies→Medicaid Estate Recovery→Texas

Medicaid Estate Recovery in Texas

Texas recovers the cost of certain long-term care services from the probate estate of a person who received them at age 55 or older and who first applied for those services on or after March 1, 2005. Recovery is limited to the probate estate and several conditions remove an estate from recovery entirely.

OverviewWhen someone dies

Medicaid Recovery

Texas

hhs.texas.gov/regulations/legal-information/your-guide-medicaid-estate-recovery-program→

Administering agency

Texas Health and Human Services Commission — Medicaid Estate Recovery Program (MERP)

Phone800-641-9356
WebsiteVisit website →

Authority

1 Tex. Admin. Code §§ 373.103, 373.105, 373.205

Verified May 2026

Medicaid Estate Recovery in Texas: key facts

Recovery scope
Covered Medicaid long-term care services received at age 55 or older — nursing facility services, intermediate care facility services, home and community-based services, and related hospital and prescription drug costs.
Who is subject
Recipients who were age 55 or older when the services were received and who initially applied for covered long-term care services on or after March 1, 2005, when the program began.
No recovery is sought when
There is a surviving spouse; a surviving child under 21; a surviving child of any age who is blind or permanently and totally disabled; the value of the estate is $10,000 or less; or the Medicaid cost is $3,000 or less.
Undue-hardship waiver
Heirs may apply for a full or partial waiver using Form 5006, Application for Hardship Waiver. The state does not grant a hardship waiver unless heirs request it and supply the requested proof.

Frequently asked questions

MERP recovers the cost of covered long-term care services — such as nursing facility, intermediate care facility, and home and community-based services and related hospital and prescription drug costs — that a person received at age 55 or older and first applied for on or after March 1, 2005. Recovery comes from the probate estate.

Texas does not seek recovery when there is a surviving spouse, a surviving child under 21, or a surviving child of any age who is blind or permanently and totally disabled. Recovery is also not sought when the value of the estate is $10,000 or less or when the Medicaid cost is $3,000 or less.

When someone dies

Steps after a death in Texas

5-step process for Texas Health and Human Services Commission — Medicaid Estate Recovery Program (MERP).

View details →

Medicaid Recovery

Texas

hhs.texas.gov/regulations/legal-information/your-guide-medicaid-estate-recovery-program→

Administering agency

Texas Health and Human Services Commission — Medicaid Estate Recovery Program (MERP)

Phone800-641-9356
WebsiteVisit website →

Authority

1 Tex. Admin. Code §§ 373.103, 373.105, 373.205

Verified May 2026