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.
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