Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Under Idaho’s Medicaid Estate Recovery Program, the Idaho Department of Health and Welfare (IDHW) may file a claim against an inherited estate to recover medical assistance paid on behalf of a decedent. To obtain and review documentation of such a claim, follow these steps:
- Identify the Probate Case: Locate the probate case in the county where the decedent’s estate is being administered. Probate filings are public records. Contact the county courthouse clerk or visit the online docket system to get the case number and file list.
- Request Probate Records: File a request with the county clerk for copies of the petition, inventory of assets, creditor claims (including the Medicaid claim), and any court orders approving or disputing claims. Counties typically charge minimal copying fees. These records show the amount claimed by IDHW and supporting documents.
- Obtain Medicaid Claim Documentation from IDHW: Under Idaho Code §74-102 of the Idaho Public Records Act, you may request IDHW to disclose records relating to estate recovery. Submit a written public records request to the IDHW Public Records Officer. Be specific: cite the decedent’s name, date of death, and probate case number. You can ask for the notice of claim, supporting invoices, medical bills, and legal correspondence.
Idaho Code §74-102 - Review Medicaid Statutes: Idaho Code §56-209 authorizes health care provider liens, and §56-212 authorizes IDHW to recover medical assistance from estates. Reviewing these provisions helps you understand recovery scope and deadlines.
Idaho Code §56-209
Idaho Code §56-212 - Analyze the Claim: Compare the claimed amount against estate inventory. Check whether the decedent received Medicaid benefits after age 55 or in a nursing facility, which triggers estate recovery. Note any discrepancies, missing invoices, or duplicate charges.
- Challenge or Negotiate if Needed: If you find errors or believe the claim is excessive, you can file an objection in probate court. Provide evidence—payment receipts, insurance reimbursements, or proof that certain services weren’t covered by Medicaid. Courts may approve adjustments or payment plans.
Helpful Hints
- Obtain the probate case number early; it streamlines record retrieval.
- Keep detailed notes of whom you contact, dates, and reference numbers.
- IDHW may charge statutory fees for public records. Expect modest per-page costs.
- Check deadlines: probate objection periods typically run 30 days after notice.
- Consider consulting a probate attorney to assist with objections or negotiations.