Detailed Answer
The California Department of Health Care Services (DHCS) may file a claim to recover Medi-Cal (California’s Medicaid program) benefits from an inherited estate under California Welfare and Institutions Code section 14009.5 (Welf. & Inst. Code § 14009.5). To obtain and review documentation related to such a claim, follow these steps:
1. Identify the Estate Recovery Claim
- Locate any notice of DHCS’s intent to recover benefits sent to the personal representative.
- Confirm the probate case name and number in the county where probate is open.
- Request copies of DHCS communications from the personal representative or estate attorney.
2. Request Probate Court Records
Contact the clerk’s office of the county probate court handling the estate. Provide:
- The probate case number and decedent’s name.
- A written request for copies of filings under the court’s public access policy.
Fees may apply. Reviewing the probate file lets you see the Claim of the Department of Health Care Services and any supporting documentation.
3. Submit a Public Records Act Request
If you need additional records from DHCS, submit a request under the California Public Records Act, Government Code section 7920.010 et seq (Gov. Code § 7920.010). Your request should:
- Be in writing and clearly describe the records you seek (e.g., “Estate Recovery File for John Smith, Estate No. 2021PR000123”).
- Reference the Public Records Act.
- Be sent to the DHCS Public Records Coordinator at the address on the DHCS website.
4. Review Supporting Documentation
Once you obtain the files, review:
- The Claim of the Department of Health Care Services.
- Notices of hearings or objections.
- Invoices, statements, and payment records reflecting benefits paid.
5. Consider Deadlines and Potential Challenges
Under the Probate Code, creditors—including DHCS—must file claims within specified timelines. A late claim may be barred, but waivers can apply. See Probate Code section 9002 (Prob. Code § 9002) for deadlines. Consider objections or petitions to strike untimely or unsupported claims.
Disclaimer: This article is for educational purposes and not legal advice. Consult a qualified attorney for guidance on your specific situation.
Helpful Hints
- Keep all DHCS and court correspondence organized by date.
- Verify fees and procedures with the county probate clerk before visiting.
- Track deadlines for responding to probate claims to avoid defaults.
- Consider consulting a probate attorney if disputes arise.
- Maintain copies of all Public Records Act requests and responses.