How to Obtain and Review Documentation of a Medicaid Claim Against an Inherited Estate

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney for guidance on your specific situation.

Understanding Medicaid Estate Recovery in Arizona

Arizona’s Medicaid agency, the Arizona Health Care Cost Containment System (AHCCCS), may seek reimbursement from the estates of deceased Medicaid recipients under state and federal law. Under A.R.S. § 36-2972, AHCCCS obtains a lien on probate assets to recover paid benefits. Federal law at 42 U.S.C. § 1396p(b) requires states to pursue estate recovery for certain long-term care services.

Step 1: Identify the Probate Case and Personal Representative

• Locate the superior court in the county where the deceased lived at the time of death.
• Obtain the probate docket number and name of the personal representative (executor or administrator). A.R.S. § 14-3804 requires creditors, including AHCCCS, to present claims within six months of the first publication of notice in probate.
• Request a copy of the probate petition and letters of appointment from the court clerk’s office.

Step 2: Review the Creditor’s Claim in the Probate File

• AHCCCS must file a written claim in the probate proceeding under A.R.S. § 36-2973. This document itemizes the benefits AHCCCS paid on behalf of the decedent.
• Visit the clerk’s office or use the court’s online portal to inspect the file. You will see the date AHCCCS filed its claim and the amount claimed.
• Note deadlines for objections: under A.R.S. § 14-3814, interested parties typically have three months from the date of first publication to object to any creditor claim.

Step 3: Request Detailed Records Directly from AHCCCS

• Submit a public records request under the Arizona Public Records Law (A.R.S. § 39-121.01) to AHCCCS. You may request:
  – An itemized ledger of Medicaid payments
  – Copies of medical invoices and provider statements
  – Dates of service and procedure codes
• Send your request in writing to:
  AHCCCS Office of Appeals
  801 E. Jefferson, MD 3600
  Phoenix, AZ 85034
• Include the decedent’s name, AHCCCS ID number (if known), and your status as an interested party.

Step 4: Analyze and Challenge the Claim if Necessary

• Compare the itemized record to the estate assets. Confirm that AHCCCS only seeks payment for benefits covered by Medicaid (e.g., nursing-facility care).
• Look for duplicate charges or services that exceed customary rates.
• File a written objection in probate court before the objection deadline. A.R.S. § 14-3814 governs the procedure. Your objection should specify the grounds—such as lack of notice or billing errors.
• If the parties cannot agree, the court will schedule a hearing to resolve the dispute.

Key Statutes and Resources

• A.R.S. § 36-2972 (Estate recovery lien): azleg.gov/ars/36/02972.htm
• A.R.S. § 36-2973 (Claims in probate): azleg.gov/ars/36/02973.htm
• A.R.S. § 14-3804 (Presentation of creditor’s claim): azleg.gov/ars/14/03804.htm
• A.R.S. § 14-3814 (Objection to claim): azleg.gov/ars/14/03814.htm
• A.R.S. § 39-121.01 (Public records requests): azleg.gov/ars/39/00121-01.htm
• Federal estate recovery: 42 U.S.C. § 1396p(b): law.cornell.edu/uscode/text/42/1396p
• AHCCCS Estate Recovery Program: azahcccs.gov/EstateRecovery

Helpful Hints

• Track all deadlines: probate courts enforce strict timelines for claims and objections.
• Keep written records of every request and response from AHCCCS.
• Request explanations of billing codes to spot potential overcharges.
• Consider consulting a probate attorney if the claim involves significant estate assets.
• Use free or low-cost legal aid if you cannot afford a private attorney.