Monday, November 28, 2011
When a long-term care Medicaid beneficiary dies, HMS generates various documents, including: The Notice of Intent to File Claim Against Estate and the Michigan Estate Recovery Questionnaire. These two documents are mailed to an individual, or law firm, identified by HMS as the “primary contact” for the decedent within 30 days of the death of the Medicaid beneficiary.
This Notice of Intent to File claim Against Estate asserts that the Michigan Estate Recovery Questionnaire must be completed and returned within 14 days, and further asserts that the state is a “known creditor” under Michigan’s probate law. The Notice of Intent to File Claim Against Estate offers the recipient the opportunity to receive an Application for Hardship Waiver.
The Application for Hardship Waiver is not provided unless requested, and according to the Notice of Intent, once requested and sent, the Application for Hardship Waiver must be completed and returned within 60 days in order to avoid denial of the requested hardship exemption(s).
If you've experienced the loss of a loved one and are dealing with settling their estate and don't know where to begin, contact us. We've helped folks just like you through these difficult times and will be happy to lend our expertise.