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The hearing request must: 1. Be made in writing. 2. Identify the basis for contesting the ERP decision. 3. Be made to the DHA at: Department of Administration Division of Hearings and Appeals P.O. Box 7875 Madison, WI 53707-7875 The date the request is received at DHA is used to determine the timeliness of the request. ERP staff will maintain DHS’ claim in the estate pending the administrative hearing decision. If collections are made and the waiver is ultimately approved, those funds will be returned. To introduce evidence at a hearing not previously provided to DHS, the applicant must mail that evidence to DHS with a postmark at least seven working days before the hearing date. 22.1.5.4 Personal Representative’s Notice The personal representative of the estate of a Medicaid member must notify DHS that the estate is being probated (Wis. Stat. § 859.07[2]). The notification must be by certified mail and include the date by which claims against the estate must be filed. 22.1.5.5 Real Property as Part of the Estate When a real property is part of the estate, ERP may file a lien equal to the Medicaid payments even if one of these persons is alive: 1. The spouse. 2. A child under age 21. 3. A disabled or blind child of any age. Recovery through the lien will not be enforced as long as any of these persons meet the criteria and is alive. Example 2 Mr. Arnold dies. A claim on his estate is filed and the estate includes his real property. His spouse is deceased, and he has no blind or disabled child. He has a child, age 19. This child lives outside Mr. Arnold’s home. A lien is placed on the real property but cannot be enforced because the minor child is still alive. The child later turns 21. As there is then no living spouse, child under 21, or disabled or blind child, the lien can be enforced. DHS will take a lien in full or partial settlement of an estate claim against the portion of an estate that is a home if: 1. A child, of any age of the deceased member: a. Resides in the member’s home, and b. That child resided in that home for at least 24 months before the member entered the nursing home, hospital, or received HCBW services, and c. That child provided care that delayed the member’s move to the nursing home, hospital, or his or her receipt of HCBW services. 2. A sibling of the deceased member: