MassHealth Estate Recovery

Office of Medicaid

MassHealth seeks to recoup the amount of money it has spent paying for services or paying managed care premiums on behalf of MassHealth members age 55 or older from the individual's "probate estate."  It also seeks to recoup the costs of nursing home care from the probate estate of MassHealth members who were under age 55. This is called Medicaid estate recovery. In May 2021, MassHealth amended its Medicaid estate recovery regulations to create additional grounds for waiving estate recovery on the basis of undue hardship to the heirs. MassHealth also developed a notice about estate recovery that it began mailing to individuals age 55 or older and nursing home residents starting in May 2021.

A copy of notice to members is attached. Among the many questions the notice is generating, is what is a probate estate. The courts have more informaton on when it is necessary to probate an estate here:

MassHealth Eligibility Letter, 238 (May 14, 2021) Revisions to Estate Recovery Requirements (attached)

Eligibility Operations Memo 21-08 (May 14, 2021) Updates to MassHealth Estate Recovery Policy (attached)


The link below is to the agency's new website on Massachusetts Medicaid Estate Recovery. It contains background information, FAQs, the new regulations and an application form for a hardship waiver.

Update: Short form of MassHealth FAQ with added links to other resources is attached & will be posted on MassHealth estate recovery website soon