Detailed Answer
When the Hawaii Department of Human Services (DHS) seeks to recover Medicaid benefits from an estate, it must file a claim in probate court under Hawaii Revised Statutes (HRS) §346-14.5. To obtain and review the documentation, follow these steps:
- Locate the Probate Case: Find the estate’s probate case number at the appropriate Circuit Court. Use the court’s online case index or contact the clerk’s office. Review the docket for any filings by DHS.
(HRS §346-14.5: Estate Recovery) - Request Probate Records: Ask the probate clerk for copies of the DHS claim, including supporting invoices and medical bills. Courts charge per-page or flat fees for copies. Submit your request in writing or via the court’s online portal.
- Submit a Medicaid Records Request: As personal representative or heir, send a written request to:
Hawaii DHS Adult and Community Services Branch
601 Kamokila Blvd, Room 360, Kapolei, HI 96707
Include your letters of administration or testamentary, the deceased’s Medicaid ID, service dates, and proof of authorization. Reference HRS §92F-13 (Access to Government Records). - Review Federal and State Regulations: Compare the DHS claim with federal rules (42 C.F.R. §433.36) and state law to ensure compliance with all recovery guidelines.
- Use Discovery in Probate: If the filings lack detail, employ probate discovery tools—interrogatories, depositions, and document requests—under the Hawaii Rules of Civil Procedure to compel DHS to produce missing documents.
Helpful Hints
- Act quickly: Medicaid recovery claims often arise within one year of probate.
- Organize correspondence: Keep copies of all requests, fees, and deadlines.
- Track deadlines: Probate courts impose strict timelines for objecting to claims.
- Use court resources: The Hawaii State Judiciary website provides probate forms and fee schedules.
- Seek professional guidance: A probate or elder law attorney can help interpret complex records and procedures.
Disclaimer: This article is for educational purposes only. It does not constitute legal advice. Consult a qualified attorney for guidance on your situation.