Medicaid Estate Recovery: Notice to DHS

If the decedent was 55 or older at death, the personal representative must ascertain whether the decedent received medical assistance during the five years preceding death and, if so, must notify the PA Department of Human Services and request a statement of claim. This duty comes from 62 P.S. § 1412(b). Send the notice even when you believe no Medicaid was received. You cannot be certain DHS records agree, and DHS will verify whether any benefits were paid.

How to Send the Notice

• Send notice by certified mail (return receipt requested), fax (717-772-6553), or email
• Address: PA Department of Human Services, Division of Estate Recovery, P.O. Box 8486, Harrisburg, PA 17105-8486
• Include all eight items required by 55 Pa. Code § 258.4(a): a statement requesting the Department's statement of claim; decedent's name; decedent's last address; date of birth; date of death; Social Security number; the personal representative's name, address, and telephone number; and written documentation of the gross value of the decedent's estate. An incomplete notice suspends the response period until a fully complying notice is received.
• DHS has 45 days from receipt to submit its claim, or the claim is forfeited
• The 45-day clock does not start until DHS receives a fully compliant notice

What DHS Can Recover

DHS recovery is limited to specific categories of medical assistance: nursing facility services, home- and community-based services, and related hospital and prescription drug services. It does not reach every Medicaid benefit the decedent received. The claim is further 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.

Statutory content on this page was last verified against Pennsylvania statutes (20 Pa.C.S.; 72 P.S. Art. XXI): Jun. 2026. If you are reading this significantly after that date, confirm key provisions with current statute text or contact our office.