Detailed Answer

When a Medicaid recipient in Kansas passes away, the State may seek repayment from the recipient’s estate for long-term care and related services. To protect the estate’s interests, you must locate and review any claims the Kansas Department for Aging and Disability Services (KDADS) or the Kansas Medicaid program filed. Below are the key steps under Kansas law.

1. Understand the Kansas Medicaid Estate Recovery Program

Federal law requires states to recover Medicaid expenses for certain services from the estates of deceased beneficiaries. In Kansas, this operates under the Medicaid State Plan and state statutes, including K.S.A. 39-709 (Kansas Statutes §39-709), which sets deadlines for filing recovery claims in probate court.

2. Access Probate Court Filings

The executor or personal representative must file the state’s claim in the decedent’s probate case. These filings are public records. To obtain them:

Visit the county probate court where the estate is administered.
Request copies of the “Notice of Claim” or “Petition for Allowance of Claim” filed by KDADS or the Kansas Medicaid program.
Review the dates, amounts, and supporting documentation attached to the claim.

3. Submit a Kansas Open Records Act Request

If additional detail is needed—such as billing statements or service authorizations—you can request records directly from KDADS under the Kansas Open Records Act (KORA). While medical information itself is confidential, the State’s claim documents are generally available. Cite K.S.A. 45-215 (Kansas Statutes §45-215) when submitting your request and specify the documents you want:

Itemized billing records for services Medicaid covered.
Internal memoranda or correspondence regarding estate recovery.
Proof of payment authorizations.

4. Review Supporting Documentation

Once you’ve obtained the probate filings and agency records, verify:

Accuracy of dates of service and charges.
Correct identification of the decedent and legal representative.
Compliance with the statute of limitations (typically within one year after appointment of a personal representative, per K.S.A. 39-709).

5. Consult with Professionals

Reviewing Medicaid estate claims involves complex procedural and evidentiary rules. Even if you represent the estate yourself, consider consulting a probate attorney or a paralegal experienced in Medicaid recovery to ensure all defenses and procedural protections are asserted.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney about your specific situation.

Helpful Hints

Act quickly: Kansas law allows only one year after the personal representative’s appointment to dispute or negotiate a claim.
Keep copies: Maintain both physical and digital copies of all filings and correspondence.
Watch deadlines: Probate courts strictly enforce deadlines on objections and hearings.
Know exemptions: Certain assets, like a surviving spouse’s residence, may be exempt from recovery.
Seek mediation: Some counties offer alternative dispute resolution to settle claims without full litigation.