Medicaid Estate Recovery in Wyoming

Medicaid Estate Recovery in Wyoming: key facts

Recovery scope

The claim includes only medical assistance rendered after the individual turned 55 or during a period of institutionalization, and does not include interest (Wyo. Stat. 42-4-206(c)). The claim is treated as an expense of the last illness of the decedent.

What counts as the estate

All real and personal property in the individual's probate estate, plus any other property in which the individual had legal title or an interest at death — including assets passing to a survivor, heir, or assign through joint tenancy, tenancy in common, survivorship, life estate, or living trust (Wyo. Stat. 42-4-206(g)(ii)).

Who is subject

Recipients who received medical assistance at age 55 or older, and recipients who were inpatients in a nursing facility, intermediate care facility for people with intellectual disability, or other medical institution.

No claim filed

No claim is filed against the estate if the decedent is survived by a child who has not attained 21 years of age or is blind or permanently and totally disabled as defined by 42 U.S.C. 1382c.

Hardship waiver

The Department of Health establishes procedures, under standards specified by the Secretary of Health and Human Services, to waive recovery if it would work an undue hardship (Wyo. Stat. 42-4-206(f)). The Department's Estate Recovery brochure describes the qualifying property as part of a working farm or ranch that is the heirs' sole source of income and provides their food and shelter; Medicaid does not review a hardship request until the client has died.

Hardship waiver deadline

When the Department imposes a lien or files a probate claim it must mail the personal representative or known heirs notice of the right to request an undue hardship waiver. The request must be mailed to the Department by certified mail, return receipt requested, within 33 days of the date of that notice, and must include the supporting documentation the rule lists — an incomplete request is dismissed with prejudice (Wyoming Medicaid Rules ch. 35, § 12). The Department considers the request within 30 days.

Liens and non-probate assets

The Department may impose a lien on property of the estate for assistance provided at 55 or older or during institutionalization, and may recover from the non-probate estate — including directly from a transferee or other person holding property received from it (Wyoming Medicaid Rules ch. 35, § 11). It may decline to pursue a recovery it determines is not cost-effective.

Governing law: Wyo. Stat. 42-4-206; 42-4-207; Wyoming Medicaid Rules ch. 35 (Medicaid Benefit Recovery)

Steps to take when someone dies

1. Determine whether the deceased received Wyoming Medicaid medical assistance at age 55 or older, or as an inpatient in a nursing facility, intermediate care facility, or other medical institution.
2. Contact the Wyoming Department of Health, Division of Healthcare Financing to confirm whether a claim against the estate applies and request the amount.
3. The Department files its claim in the court having jurisdiction to probate the estate; address it as a debt of the estate before distributing assets to heirs.
4. If the Department mails notice of a lien or a probate claim, request an undue-hardship waiver within 33 days of the date of that notice, by certified mail with return receipt requested, and include the documentation the rule requires — a late or incomplete request is dismissed with prejudice (Wyoming Medicaid Rules ch. 35, § 12).

Frequently asked questions