Detailed Answer
When a Medicaid recipient in Alabama passes away, the Alabama Medicaid Agency may file a claim against the deceased’s estate to recover benefits paid on the recipient’s behalf. This process falls under Alabama Code § 43-8-84.1 (justia.com), which implements the federal estate recovery requirement of 42 U.S.C. § 1396p. To obtain and review the documentation, follow these steps:
1. Identify the Probate Court
Determine which county probate court handled the decedent’s estate—usually the county where the decedent last lived. Visit the county probate court’s website or call the clerk’s office to confirm the case number and docket information.
2. Access the Probate Docket
Many Alabama counties offer online record search systems. Enter the decedent’s full name and case number to locate the estate files. If online access is unavailable, submit a written public records request under the Alabama Open Records Act, Ala. Code § 36-12-40 (justia.com), or visit the clerk’s office in person.
3. Request the Medicaid Claim Documents
Within the probate file, look for the “Proof of Claim” submitted by the state. Request certified copies of that claim and all attachments, such as detailed billing statements, service records, and agency notices. Clerks typically charge nominal copying fees.
4. Contact the Alabama Medicaid Agency Estate Recovery Unit
If you need additional detail or supporting records, contact the Agency’s Estate Recovery Unit directly:
Alabama Medicaid AgencyEstate Recovery Unit, Office of General Counsel
50 North Ripley Street, P.O. Box 5624
Montgomery, AL 36103
Phone: (334) 242-5000
5. Review and Respond
Compare the itemized statement of benefits paid with the probate inventory to verify accuracy. Under Ala. Code § 43-8-84.1, you generally have 30 days from the date of the notice to file an objection or appeal the claim within the probate proceeding or through the Agency’s administrative appeal process.
Helpful Hints
- Double-check the case number and spelling when searching online dockets.
- Ask the probate clerk about estimated copy fees and turnaround times.
- Keep a written record of all public records requests and communications.
- Note objection deadlines to preserve your right to contest the claim.
- Match each line item on the Medicaid statement against the estate inventory.
- Consider consulting a probate attorney if documentation or procedures become complex.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for advice tailored to your situation.