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Medicaid estate recovery is required by federal and state law. When a Medicaid member dies, their property may be used to repay the Medicaid benefits they received.
HHS has a preferred Medicaid claim against the property of a deceased Medicaid member:
- Who was age 55 or older when they received Medicaid services; or
- Who was permanently institutionalized regardless of age and received a Notice of Permanent Institutionalization; or
- Upon the death of the surviving spouse, minor child, or blind or disabled child of any age of the Medicaid member.
Medicaid will not pursue estate recovery activities during:
- Lifetime of a Medicaid member's surviving spouse; or
- While there is a surviving child who is under the age of 21; or
- While there is a surviving child of any age who is blind or permanently and totally disabled.
Download Medicaid Estate Recovery Fact Sheet
May 2021 - (378kb pdf)
Questions? Contact Us
If you have questions regarding estate recovery, contact the Estate Recovery Unit.
Estate Recovery Unit
Phone: (701) 328-2311
Toll-Free: (800) 472-2622
711 (TTY)
Fax: (701) 328-2173
Email: dhslau@nd.gov
Legal Division
Dept. of Health & Human Services
600 E Boulevard Ave – Dept 325
Bismarck ND 58503-0250