Detailed Answer
If a loved one received Medicaid benefits before passing, Arkansas law requires the state to seek repayment from their estate. This process is called Medicaid estate recovery. You can obtain and review documentation of the state’s claim by following these steps:
- Identify the Probate Case. Locate the probate court where the decedent’s will or estate was opened. You need the county and case number. If you’re the personal representative, you already have these. Otherwise, contact the county Circuit Clerk’s office and ask for the docket information for the decedent’s estate.
- Obtain Probate Court Records. Arkansas courts generally open estate files to the public. Under Ark. Code Ann. § 16-47-202, you can request copies of the probate inventory, creditor claims, and orders. The DHS division that handles estate recovery will have filed a “Proof of Claim” in the estate file. Ask the clerk to provide all documents from the DHS claim folder.
- Submit a Public Records Request to DHS. To get the agency’s complete file—correspondence, internal valuations, notices—submit a request under Arkansas’s Freedom of Information Act. Use Ark. Code Ann. § 25-19-105. Send your letter to the Arkansas Department of Human Services, Division of County Operations, Office of Long-Term Care. Be specific: cite the decedent’s name, Medicaid ID, and dates of service.
- Review the Claim Details. Once you obtain copies, confirm the following:
- The period of Medicaid eligibility and amounts paid.
- Assets and property values used to calculate the claim.
- Any exemptions or hardship waivers applied.
- Court orders approving the claim amount.
- Consider Grounds to Contest. If you spot errors—like incorrect valuations or missed exemptions—you can petition the probate court to reduce or disallow the claim. File a motion and attach supporting evidence, such as appraisals or Medicaid policy guides.
Helpful Hints
- Gather all estate documents before contacting DHS or the court.
- Keep a clear timeline of the decedent’s Medicaid coverage and estate filings.
- Ask the probate clerk for certified copies to ensure authenticity.
- Review Arkansas’s list of exempt assets in estate recovery under Ark. Code Ann. § 20-77-1003.
- Consult a probate or elder-law attorney if you must contest the claim formally.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. For personalized guidance, consult a licensed attorney in Arkansas.