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Home→Agencies→Medicaid Estate Recovery→West Virginia

Medicaid Estate Recovery in West Virginia

West Virginia Medicaid recovers the cost of nursing facility services, home and community-based services, and related hospital and prescription drug services from the estates of recipients who were 55 or older when they received the assistance.

OverviewWhen someone dies

Medicaid Recovery

West Virginia

bms.wv.gov→

Administering agency

West Virginia Department of Human Services, Bureau for Medical Services — Estate Recovery

Phone1-877-716-1212
WebsiteVisit website →

Authority

W. Va. Code 9-5-11c

Verified May 2026

Medicaid Estate Recovery in West Virginia: key facts

Recovery scope
Nursing facility services, home and community-based services, and related hospital and prescription drug services paid by Medicaid.
Who is subject
Recipients who were 55 years of age or older at the time they received the welfare assistance.
Recovery 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.
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.

Frequently asked questions

West Virginia recovers the cost of nursing facility services, home and community-based services, and related hospital and prescription drug services paid by Medicaid for recipients who were 55 or older at the time, under W. Va. Code 9-5-11c.

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.

When someone dies

Steps after a death in West Virginia

4-step process for West Virginia Department of Human Services, Bureau for Medical Services — Estate Recovery.

View details →

Medicaid Recovery

West Virginia

bms.wv.gov→

Administering agency

West Virginia Department of Human Services, Bureau for Medical Services — Estate Recovery

Phone1-877-716-1212
WebsiteVisit website →

Authority

W. Va. Code 9-5-11c

Verified May 2026