Medicaid Estate Recovery in West Virginia

What is recovered

West Virginia recovers nursing facility services, home and community-based services, and related hospital and prescription drug services paid by Medicaid.¹

Who is subject to recovery

Recipients who were 55 years of age or older at the time they received the welfare assistance.¹

When recovery is deferred or barred

Recovery is deferred while a surviving spouse is living, while there is a surviving child under 21, or while there is a surviving child who meets the Social Security Act's definition of blindness or permanent and total disability.¹

Exemptions and protected assets

Section 900.7 of the BMS Provider Manual imposes no recovery on an estate with a value of $5,000 or less at the time the estate is admitted to probate.²

Undue-hardship waiver

The department may waive a claim if it determines, under applicable federal law and rules, that the claim will cause substantial hardship to the surviving dependents of the deceased.¹

The BMS manual sets out specific grounds, including an adult child who lived in the home for two years before the parent became a member and provided care that kept the parent out of a nursing facility, and an heir whose family business depends on the property.²

An application for an undue hardship waiver must be submitted to the Bureau within 45 days of the placement of the lien or the filing of the proof of claim. BMS then has 90 days from receipt to approve, deny, or advise that more time is needed.²

Governing law: W. Va. Code 9-5-11c

Application for an undue hardship waiver

within 45 days of the placement of the lien or the filing of the proof of claim²

1. 1.W. Va. Code 9-5-11c
2. 2.BMS Provider Manual, Chapter 900, Estate Recovery (revised 12/6/2024)