How to Obtain and Review Documentation of a Medicaid Claim Against an Inherited Estate in Iowa
Disclaimer: This article provides general information and is not legal advice. Consult a qualified attorney for guidance on your specific situation.
Detailed Answer
When a loved one who received Medicaid benefits dies, Iowa law allows the Department of Human Services (DHS) to file a claim against the decedent’s estate to recover costs. If you inherit from that estate, you can obtain and review the documentation supporting the Medicaid claim by following these steps:
1. Identify the Probate Case
Estates in Iowa open in the district court of the county where the decedent lived. Obtain the probate case number and the name of the personal representative (executor or administrator). You can search the Iowa Judicial Branch’s online docket search or contact the clerk of court’s office.
2. Request Probate Court Records
Under Iowa Code Chapter 633 (Iowa Code Ch. 633), most probate filings are public records. Visit or write to the clerk of the district court in the county where the estate was probated. Request copies of:
- Petition for probate or appointment of personal representative
- Estate inventory and appraisals
- List of filed creditor claims, including the DHS (Medicaid) claim
- Orders approving or disallowing claims
Clerks often charge a nominal fee per page. Many counties now provide online access to PDF documents.
3. Obtain the DHS Proof of Claim
Iowa Code § 249A.34 (Medicaid Estate Recovery) authorizes DHS to present a “proof of claim” in probate. This document sets out the amount DHS seeks. You can:
- Ask the personal representative for a copy of the DHS proof of claim.
- Locate it in the court’s creditor claims record.
4. Ask DHS for Supporting Records
To see how DHS calculated the claim (e.g., Medicaid benefits paid, dates of service), submit a records request to the Iowa DHS under the Iowa Open Records Law, Iowa Code Chapter 22. Note that some Medicaid-related information is confidential under Iowa Code § 22.7 (Confidentiality of Records), but you can still obtain the proof of claim and a case summary.
Send your written request to:
Iowa Department of Human Services
1305 E. Walnut St., Des Moines, IA 50319
Email: [email protected]
5. Review and Challenge the Claim (if needed)
Once you have the documents, review the amounts, dates of service, and any waivers or exemptions claimed. If you believe the claim is incorrect or excessive, you can:
- File an objection in the probate court within the deadlines set by Iowa Code § 633.317.
- Move to compel DHS to produce additional records through a court order or subpoena.
- Negotiate with DHS or the estate’s personal representative to settle the claim.
Helpful Hints
- Keep a record of every request—you may need to prove you sought the documents in a timely manner.
- Use the Iowa Judicial Branch’s electronic case management system (ICIS) for remote access to probate dockets.
- Ask for a “claim summary” from DHS to understand the line-item details.
- Review Iowa Code § 633.137 to confirm time limits for presenting and disputing claims.
- If you hit a roadblock, consider retaining local probate counsel to file motions or negotiate the claim.