Colorado DHCPF Estate Recovery Program

Section 1917 of the federal Social Security Act (42 USC § 1396(p)), and 42 CFR 433.36, requires that States recover medical assistance payments made to or on behalf of Medicaid clients from the assets in the estate of that deceased client. The Colorado law which discusses the provisions of the Colorado Estate Recovery Act is found at Colorado Revised Statutes Section 25.5-4-302.

The acceptance of public assistance creates a debt of the person accepting assistance which is enforceable only after the death of the client. Estate recovery applies to those Medicaid clients who have received services at any time on or after July 1, 1992 and who were age 55 or older at the time of provision of the service or who were institutionalized.

The Colorado Department of Health Care Policy & Financing (DHCPF) awarded a contract to Health Management Systems, Inc. (HMS) to administer the Colorado Estate Recovery Program.

If you are an attorney or personal representative handling an estate of a deceased person who passed away at or over the age of 55 or who was institutionalized, you must give notice by serving a copy of the notice of administration or notice to creditors of the estate within 3 months after the first publication of the notice.

If you have any questions, please feel free to contact us.