Disclaimer: This information is for educational purposes only and does not constitute legal advice.
Detailed Answer
1. Understand Georgia’s Medicaid Estate Recovery Program
When a Medicaid recipient dies, Georgia law authorizes the Division of Family and Children Services (DFCS) to seek repayment from the recipient’s estate for long-term care costs. See O.C.G.A. § 49-4-170 (Georgia Code Title 49, § 4-170) (https://law.justia.com/codes/georgia/2020/title-49/chapter-4/article-2/section-49-4-170/). The estate recovery process typically begins when DFCS files a claim in the probate court handling the decedent’s estate.
2. Locate the Probate Court File
The first source of documentation is the probate or estate administration file in the Superior Court of the county where the decedent lived. The clerk of court maintains all filings, including:
- Proof of notice to heirs
- DFCS’s statement of claim
- Supporting worksheets and billing records
To review these records, visit or write to the clerk’s office. Provide the decedent’s full name and date of death. There is often a small fee for copying or certified copies.
3. Request Records from DFCS
DFCS holds the underlying claims documentation. Under Georgia’s Open Records Act (O.C.G.A. § 50-18-70 et seq.), you may request copies of the records on file with DFCS. Make a written request to the county DFCS office or to the state records officer:
- Include the decedent’s name, Medicaid ID (if known), and date of death.
- Specify that you seek all estate recovery documents, including notices, invoices, and medical records used to calculate the claim.
Send the request by certified mail. DFCS must respond within three business days to acknowledge receipt and provide an estimated date of production. See O.C.G.A. § 50-18-71 (https://law.justia.com/codes/georgia/2020/title-50/chapter-18/article-4/section-50-18-71/).
4. Review and Verify the Claim
Once you obtain copies, compare the amounts DFCS claims with the dates of service in the beneficiary’s medical records. Make sure:
- All billed services are eligible under Georgia’s Medicaid rules.
- No duplicate or incorrectly dated charges appear.
If you spot errors, you may file a written appeal with DFCS under O.C.G.A. § 49-4-172. Timely challenges can reduce or eliminate the claim against the estate.
5. Consider Professional Assistance
Estate recovery can involve complex Medicaid regulations and probate procedures. You may wish to consult an attorney experienced in Georgia probate and Medicaid estate recovery to guide you through disputes or negotiation with DFCS.
Helpful Hints
- Gather the decedent’s Medicaid ID and Social Security number before requesting records.
- Keep detailed copies of all correspondence and proof of mailing.
- Note deadlines for appeals—Georgia law imposes strict time limits.
- Review the probate court’s case docket online; some counties offer digital access.
- Contact your county DFCS office for a free explanation of the estate recovery process.