Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney for guidance on your specific situation.
Detailed Answer
What Is Medicaid Estate Recovery in Idaho?
Under Idaho Code Title 56, Chapter 2 (§56-201 et seq.), the Idaho Department of Health and Welfare can seek reimbursement for Medicaid benefits paid on behalf of beneficiaries aged 55 or older. Estate recovery applies to nursing facility care, home- and community-based services, and related medical costs after the recipient’s death.
Hardship Waiver Overview
Federal law at 42 C.F.R. § 433.36 requires states to offer a hardship exemption to the transfer penalty. Idaho implements this under IDAPA 16.03.10.140. The hardship waiver lets heirs ask DHW to forgo estate recovery when it would cause undue hardship.
Step-by-Step Application Process
- Confirm Eligibility. Verify the decedent received Medicaid long-term care services in Idaho and held real property subject to recovery.
- Obtain the Hardship Waiver Form. Request Form HWP-100 from the Idaho DHW Estate Recovery Unit or download it at Idaho Medicaid Estate Recovery.
- Gather Supporting Documents. Provide the death certificate, property deed, probate court documents, and proof of hardship—such as evidence of minor or disabled dependents, financial statements, or court orders.
- Complete and Submit the Application. Fill out all sections of the waiver form. Mail or hand-deliver your packet to:
Idaho Department of Health and Welfare
Estate Recovery Unit
450 West State Street, 4th Floor
Boise, ID 83702 - Follow Up. Contact the Estate Recovery Unit within 14 days to confirm receipt. Under IDAPA rules, DHW must issue a written decision within 90 days.
- Appeal If Denied. If DHW denies your waiver, you may appeal under Idaho Code § 56-256 (Appeal Procedures).
Helpful Hints
- Apply promptly. Submit your waiver within six months of receiving the estate recovery notice to avoid missing deadlines.
- Document hardship thoroughly. Explain how recovery would deprive heirs of basic needs or conflict with court orders protecting minor or disabled beneficiaries.
- Consult a probate attorney. An attorney can help assemble documents and present the strongest waiver request.
- Keep complete records. Retain copies of all forms, supporting documents, and correspondence.
- Track all deadlines. Note DHW’s response timeline and the appeal window to protect your rights.