Page 3

Personal needs funds are monies set aside for a residential medical facility resident’s personal needs and medical expenses that are not covered by Medicaid. After the resident’s death, the balance must be paid to the Medicaid Program within thirty (30) days. Note: After the resident’s death, personal needs funds may be used to satisfy an outstanding debt to the nursing home. COUNTY BURIAL The Field Operation Manager may request a waiver to the retirement that deceased nursing home resident’s personal funds automatically be paid to the Medicaid Program (see form Page 5). Requests will be approved when: 1. The request does not exceed $1,200; 2. All other assets and resources of the deceased have been applied toward burial expenses prior to use of personal funds; and 3. Except for use of the deceased’s personal needs funds, burial expenses would be borne by the county. NOTE: This waiver is NOT available to assist surviving relatives in paying the deceased’s final expenses. HEIR WISHES TO RETAIN ESTATE When a Medicaid recipient’s heir(s) wishes to retain ownership of the estate property, the individual(s) may do so by paying the lesser of the: 1. Total amount Medicaid is entitled to recover; or 2. Fair Market value of the estate property. HARDSHIP EXEMPTION Recovery will not be pursued if it would cause an undue hardship for the heir(s). After action has been taken to recover Medicaid paid expenses, the heir(s) may request recovery be waived or compromised based on a hardship. The Estate Recovery Unit will consider all requests. LIEN and ESTATE RECOVERY UNIT: Direct all questions related to Medicaid liens or estate recovery to the Lien and Estate Recovery Program at: DPHHS Lien and Estate Recovery Program PO Box 202953 Helena, Montana 59620-2953 Phone: 1-800-694-3084 Fax: 1-800-444-1829 Effective Date: July 01, 2023