If the decedent was 55 or older at death, the personal representative must notify the PA Department of Human Services and request a statement of claim — even if you believe the decedent never received Medicaid. This is required by 62 P.S. § 1412 and DHS will verify whether any benefits were paid.
DHS can claim reimbursement for all Medicaid benefits paid on behalf of the decedent — including nursing facility costs, home and community-based services, hospital and prescription drugs, and MA premiums paid. The claim is limited to the value of the probate estate. Assets that pass outside probate (jointly-held property, beneficiary designations, trusts) are generally not subject to recovery — which is why advance Medicaid planning matters so much.
⚠ Personal Liability
Distributing assets before notifying DHS and waiting for a response makes the personal representative personally liable for the DHS claim. Send the notice. The 45-day clock protects you — but only if you start it.
Full Details
For a complete explanation of the estate recovery program, claim priority, what's recoverable, and available defenses, see our Elder Law section — "Pennsylvania Estate Recovery Program."
Free consultations available for most practice areas.
Schedule a Free Consultation Or call 215-826-3133