Louisiana Medicaid Estate Recovery
After someone who received Medicaid long-term care dies, Louisiana can file a claim against their estate. This guide explains what is recovered, who is protected, and how to ask for relief.
Based on La. R.S. 46:153.4 (Medicaid estate recovery); see also La. R.S. 46:153; federal baseline 42 U.S.C. 1396p(b)
What Louisiana recovers
Medicaid long-term care costs paid on behalf of a recipient who received those services at age 55 or older: nursing facility services, home and community-based services (HCBS), PACE, and related hospital and prescription drug services.
Covered services and programsThe full list of care and waiver programs the claim can include
Medicaid long-term care costs paid on behalf of a recipient who received those services at age 55 or older: nursing facility services, home and community-based services (HCBS), PACE, and related hospital and prescription drug services. LDH recovers from the deceased recipient's succession (probate) estate as repayment. The claim is a privilege on the succession estate with priority equivalent to an expense of last illness (La. Civil Code art. 3252 et seq.) and does not accrue interest.
Louisiana recovers only from the probate estate. Assets that pass outside probate, such as joint property with survivorship, life estates, living trusts, and transfer-on-death or pay-on-death accounts, are generally beyond recovery.
55 and older (recovery applies to covered services received at age 55 or older)
Who is protected from recovery
Surviving spouse: the estate recovery case is placed in deferred status while the spouse is alive; recovery begins only after notification of the surviving spouse's death.
Surviving child who is blind or permanently and totally disabled (Social Security Administration definition): estate is exempt.
Surviving child under age 21: estate is exempt.
Undue hardship waiver: recovery is waived if a first-degree heir's family income is 300 percent or less of the applicable federal poverty guideline (the year before death).
LDH may compromise, settle, or waive recovery for good cause shown.
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Property that may be exempt
- The first $15,000 or one-half the median value of the homestead in the decedent's parish, whichever is greater, is fully excluded from recovery (La. R.S. 46:153.4).
- Recovery is limited to the succession (probate) estate; assets that pass outside the Louisiana succession are not subject to recovery.
- Recovery is not pursued when the amount to be recovered is economically inappropriate relative to the cost of recovery.
Undue-hardship waiver
Louisiana can waive recovery when it would cause an undue hardship for the heirs. Contact Louisiana Department of Health (LDH), Recovery and Premium Assistance (RPA) Unit at 1-888-342-6207 to request the waiver and confirm deadlines.
Hardship waiver informationFrequently asked questions
Who is protected from Medicaid estate recovery in Louisiana?
What does Louisiana Medicaid recover after death?
Can I apply for an undue-hardship waiver in Louisiana?
Who handles Medicaid estate recovery in Louisiana?
Agency and statute sourcesOfficial references used for this page
Information current as of June 28, 2026
Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Louisiana can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.