Florida Medicaid 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, a Medicaid recipient from the assets in the estate of that deceased recipient. The Florida law which discusses the provisions of the Florida Estate Recovery Act is found at Florida Statute 409.9101.

The acceptance of public assistance creates a debt of the person accepting assistance which is enforceable only after the death of the recipient. Estate recovery applies to those Medicaid recipients who have received services at any time on or after August 31, 1993 and who were 55 years of age or older at the time of provision of the service.

Conduent Payment Integrity Solutions (Conduent) is the Florida Agency for Health Care Administration (AHCA) approved subcontractor of Health Management Systems (HMS) contracted to administer the Florida 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, you must give notice by serving a copy of the notice of administration of the estate within 3 months after the first publication of the notice.

Please send all notices to:

Florida Medicaid Estate Recovery Program
P.O. Box 12188
Tallahassee, FL 32317

Relevant Statutes and Codes

Florida Statutes Section 409.9101 – Recovery for payments made on behalf of Medicaid-eligible persons

Florida Statutes Section 733.2121 – Notice to creditors; filing of claims

Florida Statutes Section 733.707 – Order of payment of expenses and obligations