Medicaid Estate Recovery in Texas: when someone dies

Steps to take

1. Determine whether the deceased received covered Medicaid long-term care services at age 55 or older and first applied for them on or after March 1, 2005.
2. Confirm whether the estate is removed from recovery — a surviving spouse, a child under 21, a blind or permanently and totally disabled child, an estate worth $10,000 or less, or a Medicaid cost of $3,000 or less.
3. Contact MERP through HHSC to confirm whether a claim applies and request the amount.
4. Gather receipts for amounts that may be deducted, such as costs to maintain the home or to pay for care that kept the person at home longer.
5. Submit Form 5006, Application for Hardship Waiver, with proof if recovery would cause an undue hardship for the heirs.

Frequently asked questions