After a family member dies, you may worry that Washington’s Medicaid estate recovery program could make you sell the home or property you inherit.
However, state rules let some heirs ask for a delay if repaying Medicaid costs would cause serious financial problems. Knowing if you qualify and how to apply may help you protect your home and finances.
Situations that may qualify for a hardship delay
Washington allows you to request a delay in Medicaid estate recovery if certain circumstances existed when the person receiving benefits died.
You may qualify if the inherited property provides your only source of income, or if recovery would leave you without a home and you cannot afford another place to live.
A surviving state-registered domestic partner may also qualify. The state reviews the circumstances before granting a delay, and ordinary financial inconvenience does not automatically qualify.
Steps to request a delay in estate recovery
If you believe you qualify for a hardship delay, take these steps to ask Washington’s Health Care Authority to postpone recovery:
- Contact the state agency: Ask the Washington State Health Care Authority about its estate recovery process and how to submit your request.
- Explain your circumstances: Describe the hardship and provide records that support your request, such as proof of income or housing costs.
- Respond to agency requests: Provide any additional information or documents the agency requests to review your case.
- Request a hearing if denied: If the agency rejects your request, you can ask for an administrative hearing to challenge its decision.
The state reviews each request under Washington Administrative Code 182-527-2750. Follow the instructions in any notice you receive and keep copies of your correspondence and supporting documents.
Your responsibilities during a hardship delay
If Washington approves your hardship delay, you must continue meeting its conditions. These may include paying property taxes, keeping the home insured, maintaining the property and meeting other requirements the state sets.
If your circumstances change, notify the Washington State Health Care Authority. A delay postpones estate recovery; it does not automatically erase the debt.
Protect your rights as an heir
If Washington asks for Medicaid costs to be repaid from an estate, read the notice and check if you qualify for a hardship delay. Collect documents that support your request and contact the Washington State Health Care Authority for help. These steps may help protect your home and finances while you address the state’s claim.
