Detailed Answer
Under Indiana law, the Family and Social Services Administration (FSSA) must recover Medicaid benefits paid on behalf of certain beneficiaries from their estates. The recovery process is governed by Indiana Code section 12-15-21 (Recovery of Medicaid Benefits from Estate), available at https://iga.in.gov/legislative/laws/2023/ic/titles/012#12-15-21.
- Review the probate court file. After the decedent’s death, the estate is typically opened in the probate court of the county where the decedent resided. You have a right to inspect the estate file and obtain copies of the inventory, creditor claims, and orders. Contact the Clerk of the Circuit Court or visit Indiana’s probate court portal for details.
- Identify the Medicaid claim. Within the probate file, look for the creditor claim filed by FSSA or its Medicaid Estate Recovery Unit. Indiana law requires FSSA to present its claim within the timeframe specified in IC 12-15-21-8, generally within three months after qualification of the personal representative.
- Request records from FSSA under the Access to Public Records Act (APRA). To obtain copies of the original claim, supporting worksheets, and correspondence, submit a written request under Indiana Code section 5-14-3. Include the decedent’s name, date of death, and a clear description of the records sought. More information is available at the Indiana Public Access Counselor’s website: https://www.in.gov/pac/public-records/.
- Review federal regulations. The claim is also subject to federal estate recovery requirements under 42 CFR § 433.36, which outlines allowable items of recovery and notice procedures.
- Analyze and prepare to respond. Once you have all documents, review them for accuracy. You can dispute errors in the claimed amount or procedural defects. Consider filing an objection in probate court or negotiating a settlement.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For guidance tailored to your situation, consult an attorney.
Helpful Hints
- Keep detailed notes on all requests and responses.
- Track deadlines, such as the probate objection period.
- Pay applicable copying fees for court and FSSA records.
- Consider mediation with FSSA before initiating litigation.
- Seek legal assistance if you face a complex claim or dispute.