Estate Recovery (ER) Program
Both state and federal laws require reimbursement of Medi-Cal costs from the estates of deceased Medi-Cal beneficiaries or from anyone receiving estate assets after the death, unless specific exemptions or other limitations apply.
An informational brochure that offers a concise overview of the Estate Recovery Program can be seen by clicking on the following links:
Estate Recovery Program Pamphlet (English, PDF)
Programa de Medi-Cal de Recuperacion del Patrimonio Sucesorio (Espanol, PDF)
When a Medi-Cal beneficiary dies on or after his or her 55th birthday, the person handling the affairs of the decedent must mail notice of the death, with a copy of the death certificate, to the Director of the Department of Health Care Services (DHCS) within 90 days of the date of death (Probate Code Section 215). This legal requirement can be satisfied by completing the Notice of Death online form and attaching a copy of the death certificate.
The Estate Recovery Questionnaire below can also be used to notify DHCS by returning it with a copy of the death certificate to the following address:
Department of Health Care Services
Third Party Liability and Recovery Division
Estate Recovery Program - MS 4720
P.O. Box 997425
Sacramento, CA 95899-7425
Medi-Cal Estate Recovery Questionnaire (DHCS 6251) (English, PDF)
Encuesta de Medi-Cal Sobre la Recuperacion del Patrimonio Sucesorio (DHCS 6251) (Espanol, PDF)
Statutory Authority: Title 42 of the United States Code (USC), Section 1396p (Not DHCS) (English, PDF)
California Welfare and Institutions (W&I) Code, Section 14009.5 (Not DHCS)
Probate Code, Sections 215 (Not DHCS)
Probate Code, Sections 9202 (Not DHCS)
Probate Code, Sections 19202 (Not DHCS)
Regulations: Title 22 of the California Code of Regulations, Division 3, Chapter 2.5, Sections 50960 through 50966 (Not DHCS)
The Department may waive its claim if payment of the claim would cause a substantial hardship. Any request for a hardship waiver must be submitted to the Department within 60 days of the date stated on the Department’s Estate Recovery claim.
Statutory Authority: Title 22 of the California Code of Regulations, Section 50963 (Not DHCS)
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