Nevada Medicaid Estate Recovery

Yes. Nevada uses an expanded estate definition and can pursue certain assets that pass outside the probate estate. Review the details and official sources below, because the reach varies by asset type.

Recovery is generally blocked or delayed for: Surviving spouse: No claim may be filed while there is a surviving spouse. Recovery may proceed only after the death of the surviving spouse (deferral, not permanent exemption), per NRS 422.29302; Child under 21: Recovery is barred while the deceased recipient has a surviving child who is under 21 years of age (NRS 422.29302); Blind or disabled child: Recovery is barred while the deceased recipient has a surviving child of any age who is blind or disabled (NRS 422.29302); Sibling equity: Not specified in the Nevada statute (NRS 422.29302). The federal sibling-equity exemption under 42 U.S.C. 1396p(b) is not separately codified in Nevada law; verify with DHCFP; Caregiver child: Not specified in the Nevada statute (NRS 422.29302). The federal caregiver-child exemption under 42 U.S.C. 1396p(b) is not separately codified in Nevada law; verify with DHCFP.

Correctly paid Medicaid benefits provided after October 1, 1993 to recipients who were 55 or older or who were inpatients of a medical facility, including home and community based services, nursing facility services, hospital, physician and prescription drug services, Medicare Part A and Part B premiums paid prior to January 1, 2010, and Managed Care Organization (MCO) premiums. Recovery is the lesser of the total Medicaid paid or the value of the remaining assets in the undivided estate (NRS 422.29302).

Yes. Nevada offers an undue-hardship waiver. Contact Nevada Division of Health Care Financing and Policy (DHCFP), Medicaid Estate Recovery at (775) 687-8416 to request the waiver and ask about deadlines.

Nevada Division of Health Care Financing and Policy (DHCFP), Medicaid Estate Recovery, phone (775) 687-8416, https://www.nevadamedicaid.nv.gov/programs/medicaid-estate-recovery/.