Can a Wyoming family ask for a hardship waiver?

Medicaid Estate Recovery in Wyoming

Wyoming files a claim against the estate of a deceased Medicaid recipient (or the recipient's surviving spouse) for medical assistance received at age 55 or older or while the recipient was an inpatient in a nursing facility, intermediate care facility for people with intellectual disability, or other medical institution.

OverviewWhen someone dies

Medicaid Recovery

Wyoming

health.wyo.gov/healthcarefin/medicaid→

Administering agency

Wyoming Department of Health — Division of Healthcare Financing (Wyoming Medicaid)

Phone(307) 777-7531

WebsiteVisit website →

Authority

Wyo. Stat. 42-4-206

Verified Jul 2026

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.

Governing law: Wyo. Stat. 42-4-206

Frequently asked questions

Yes. Under Wyo. Stat. 42-4-206(f) the Wyoming Department of Health establishes procedures to waive estate recovery if it would work an undue hardship, on criteria established by the Secretary of Health and Human Services. 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, and states that Medicaid does not review a hardship request until the Medicaid client has died. Requests go to the Division of Healthcare Financing at (307) 777-7531.

When someone dies

Steps after a death in Wyoming

4-step process for Wyoming Department of Health — Division of Healthcare Financing (Wyoming Medicaid).

View details →

SimplyTrust Editorial·Updated July 14, 2026

Sources

Data sourced from Medicaid Estate Recovery in Wyoming primary sources (3 pages reviewed). How we research.

Medicaid Recovery

Wyoming

health.wyo.gov/healthcarefin/medicaid→

Administering agency

Wyoming Department of Health — Division of Healthcare Financing (Wyoming Medicaid)

Phone(307) 777-7531

WebsiteVisit website →

Authority

Wyo. Stat. 42-4-206

Verified Jul 2026

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.

Governing law: Wyo. Stat. 42-4-206

Frequently asked questions