Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
1. Understand Connecticut’s Medicaid Estate Recovery Program
Under Connecticut law, the Department of Social Services (DSS) may recover Medicaid benefits paid on behalf of a recipient from that person’s estate. Key provisions include Conn. Gen. Stat. §17b-84 and Conn. Gen. Stat. §17b-84b. Recovery typically occurs after the recipient’s death, subject to an exemption for a surviving spouse or minor/disabled child.
2. Locate the Probate File
The first step is to find the decedent’s probate case. In the probate district where the deceased lived, the court maintains a file for each estate. You can:
- Visit the probate court clerk in person or contact by phone.
- Provide the decedent’s full name, date of death, and last address.
- Obtain the docket number or case ID.
3. Request Probate Court Documents
Once you have the docket number, ask the clerk for copies of:
- Notice to Creditors. This notice lists all creditors that have filed claims, including DSS for Medicaid costs.
- Claim Filed by DSS. The Medicaid claim will include an itemized account of medical services and amounts sought.
- Final Account or Order. This shows how much was approved and paid out of the estate.
There may be a small fee for certified copies.
4. Request Records from the Department of Social Services
If you need a detailed breakdown or supporting documentation, submit a Freedom of Information request to Connecticut DSS:
- Address your letter to: FOI/Records Access Office, CT Department of Social Services, 55 Farmington Avenue, Hartford, CT 06105.
- Specify you seek all records relating to the Medicaid claim filed against the estate of [Decedent Name], including billing records, internal memoranda, and correspondence.
- Include proof of your identity and your interest in the estate (e.g., personal representative appointment).
DSS must respond within four business days under Conn. Gen. Stat. §1-206.
5. Review and Analyze the Documentation
When you receive the probate and DSS documents, focus on:
- Dates of service and providers.
- Amounts billed vs. amounts paid by Medicaid.
- Any adjustments or denials noted in the claim.
If you see discrepancies or have questions about eligibility or allowances (for example, the family allowance under Conn. Gen. Stat. §17b-84a), consider consulting a probate or elder law attorney.
Helpful Hints
- Gather the death certificate and letters of administration before visiting the probate court.
- Note statutory deadlines: probate creditors’ claims often must be filed within six months after notice.
- Track all communication: keep copies of FOI requests and DSS responses.
- Check for exemptions: surviving spouses and minor or disabled children may reduce the amount recovered.
- Consider hiring a paralegal or probate researcher for complex estates.