Detailed Answer
Understanding Medicaid Estate Recovery in Kentucky
When a Medicaid recipient receives benefits and later passes away, Kentucky law allows the Cabinet for Health and Family Services to seek recovery against the recipient’s estate to reimburse costs paid on their behalf. See KRS 205.201 for Medicaid estate recovery procedures. KRS 205.201.
Step 1: Confirm Your Right to Access Records
Kentucky’s Open Records Act grants you the right to request records from the Cabinet. See KRS 61.872. Medicaid records also qualify under HIPAA’s right of access. See 45 C.F.R. § 164.524 (eCFR).
Step 2: Submit a Written Records Request
Address your request to:
Kentucky Cabinet for Health and Family Services
Office of Administrative Hearings and Appeals
275 East Main Street, 6W-B
Frankfort, KY 40621
In your letter, include:
- The decedent’s full name and Medicaid ID
- Estate file number
- Date range of services
- Specific documents requested (e.g., Notice of Claim, billing statements)
- Your relationship to the estate and proof of authority (e.g., letters testamentary)
Step 3: Review the Documents
Once you receive the records, verify:
- Notice of Medicaid Claim: Date, amount, legal basis
- Itemized Service Records: Types of services, dates, costs
- Accounting Statements: Totals, payments, adjustments
- Communications: Any correspondence regarding appeals or waivers
Step 4: Challenge or Appeal Disputes
If you find errors or disagree with the claim, you can request an administrative hearing through the Cabinet. Appeals must follow timelines specified in the Notice of Claim, typically within 30 days. See KRS 205.201(4).
Step 5: Consult a Qualified Attorney
Estate recovery involves complex rules. An attorney specializing in elder law or estate administration can help you interpret documents and represent you in appeals.
Helpful Hints
- Track deadlines: Missing appeal windows may forfeit rights.
- Request itemized bills: They reveal specific charges.
- Keep all correspondence: Maintain a clear record.
- Verify authority: Ensure you have legal standing before requesting records.
- Consider mediation: Some disputes resolve faster outside court.
Disclaimer: This article is for educational purposes only. This information does not constitute legal advice. Consult an attorney to address your specific situation.