Medicaid estate recovery activities are federally and state mandated. When a Medicaid recipient dies, his/her property's value can be used to repay Medicaid benefits. The Department of Human Services has a claim against the estate of any Medicaid recipient who was age 55 or older or permanently institutionalized regardless of age when the assistance was issued. The claim is for the amount of Medicaid issued.
No claim for Medicaid that was correctly issued must be paid during the lifetime of a Medicaid recipient's surviving spouse or while there is a surviving child who is under the age of 21 or who is blind or permanently and totally disabled.
No claim is made for Medicare Savings Program benefits paid after Dec. 31, 2009.
Download Medicaid Estate Recovery Fact Sheet
Nov. 2020 - (378kb pdf)
Questions? Contact Us
If you have questions regarding estate recovery, call the Estate Recovery Unit.
ND Relay TTY: 711