Who runs Medicaid estate recovery in Virginia?

Medicaid Estate Recovery in Virginia

DMAS runs Virginia's Medicaid estate recovery program. The Commonwealth recovers the cost of medical assistance paid on behalf of a recipient who was 55 or older when the assistance was received, and pursues the claim against the recipient's estate after death.

OverviewWhen someone dies

Medicaid Recovery

Virginia

dmas.virginia.gov→

Administering agency

Virginia Department of Medical Assistance Services (DMAS) — Estate Recovery

WebsiteVisit website →

Authority

Va. Code § 32.1-326.1; 12VAC30-20-141

Verified Jul 2026

Medicaid Estate Recovery in Virginia: key facts

Recovery scope: Medical assistance paid for a recipient who was age 55 or older when the assistance was received, consistent with the State Plan for Medical Assistance.
Estate reached: Under 12VAC30-20-141, "estate" includes all real and personal property held by the individual at death and any other property in which the individual had any legal title or interest at the time of death — broader than the probate estate alone.
Recovery deferred: Recovery can only be made after the death of a surviving spouse, if any, and only when there is no surviving child under age 21 and no blind or disabled child (as defined in Social Security Act § 1614).
Hardship waiver: DMAS waives recovery for undue hardship, with special consideration where the estate is the sole income-producing asset of survivors (family farm or business) or a homestead of modest value. Recovery is also waived when the heirs are themselves Medicaid eligible, and when recovery would not be cost effective. For dual eligibles, Medicare cost-sharing (Part A and B premiums, deductibles, coinsurance, copayments) with dates of service on or after January 1, 2010 is not recovered.

Governing law: Va. Code § 32.1-326.1; 12VAC30-20-141

Frequently asked questions

The Virginia Department of Medical Assistance Services (DMAS) administers Medicaid and runs the estate recovery program under Va. Code § 32.1-326.1 and 12VAC30-20-141.

When someone dies

Steps after a death in Virginia

5-step process for Virginia Department of Medical Assistance Services (DMAS) — Estate Recovery.

View details →

SimplyTrust Editorial·Updated July 14, 2026

Sources

Data sourced from Medicaid Estate Recovery in Virginia primary sources (4 pages reviewed). How we research.

Medicaid Recovery

Virginia

dmas.virginia.gov→

Administering agency

Virginia Department of Medical Assistance Services (DMAS) — Estate Recovery

WebsiteVisit website →

Authority

Va. Code § 32.1-326.1; 12VAC30-20-141

Verified Jul 2026

Medicaid Estate Recovery in Virginia: key facts

Recovery scope

Medical assistance paid for a recipient who was age 55 or older when the assistance was received, consistent with the State Plan for Medical Assistance.

Estate reached

Under 12VAC30-20-141, "estate" includes all real and personal property held by the individual at death and any other property in which the individual had any legal title or interest at the time of death — broader than the probate estate alone.

Recovery deferred

Recovery can only be made after the death of a surviving spouse, if any, and only when there is no surviving child under age 21 and no blind or disabled child (as defined in Social Security Act § 1614).

Hardship waiver

DMAS waives recovery for undue hardship, with special consideration where the estate is the sole income-producing asset of survivors (family farm or business) or a homestead of modest value. Recovery is also waived when the heirs are themselves Medicaid eligible, and when recovery would not be cost effective. For dual eligibles, Medicare cost-sharing (Part A and B premiums, deductibles, coinsurance, copayments) with dates of service on or after January 1, 2010 is not recovered.

Governing law: Va. Code § 32.1-326.1; 12VAC30-20-141