Medicaid Pennsylvania Estate Recovery: 2026 Probate-Only Guide

After a Pennsylvanian dies having received Medical Assistance for long-term care, the state recovers what it paid only from the probate estate. The Pennsylvania Department of Human Services has a federal mandate, and a state statute, to seek recovery of benefits paid, but what sets Pennsylvania apart from roughly half of the country is that narrow scope. Assets that pass outside probate, joint accounts with right of survivorship, payable-on-death accounts, beneficiary-designated retirement accounts, transfer-on-death deeds, life insurance with named beneficiaries, irrevocable trust assets payable to others, are entirely beyond the reach of Pennsylvania's recovery program.

This is not a loophole. It is the deliberate framework Pennsylvania chose when it implemented the federal estate-recovery mandate in 1994 (Act 49, codified at 62 P.S. § 1412) and the regulations published at 55 Pa. Code Chapter 258. Pennsylvania could have chosen, as roughly 24 other states did, to expand recovery to non-probate transfers. It did not. The probate-only scope is the marquee consumer-protection feature of Pennsylvania Medical Assistance and the single most important element of estate planning for Pennsylvania families with a Medicaid-dependent senior.

This guide walks through what that means in practice, the statutory framework, what is and is not recoverable, the five statutory exemptions, the de minimis $2,400 threshold, the two hardship-waiver forms, the notice-and-claim mechanics, the planning playbook for keeping family wealth outside probate, and the practical contrasts with neighboring states like New Jersey (an expanded-recovery state where the same family situation produces a very different financial outcome).

Medicaid Pennsylvania Estate Recovery: What Federal Law Requires, and What Pennsylvania Chose

The federal estate-recovery mandate was enacted as part of the Omnibus Budget Reconciliation Act of 1993 (OBRA-93) and codified at 42 U.S.C. § 1396p(b). It requires every state Medicaid program to recover, from the estates of deceased Medicaid recipients age 55 and older, the amount of Medicaid paid for nursing-facility services, home- and community-based services, and related hospital and prescription-drug services.

The federal mandate defines "estate" as a minimum, the probate estate. States are then permitted, but not required, to expand recovery beyond probate to include any other real and personal property in which the decedent had any legal title or interest at the time of death. This is sometimes called "expanded estate recovery" or "expanded definition of estate."

Pennsylvania, when it implemented the federal mandate in 1994, declined to expand. Pennsylvania's recovery program operates entirely within the probate estate as defined by Pennsylvania probate law. This was a deliberate policy choice, Pennsylvania weighed the additional recovery revenue that would flow from expanded scope against the administrative complexity, the consumer-protection implications, and the planning disruption that expanded recovery causes for ordinary middle-class families. Pennsylvania chose probate-only.

About half of states made the same choice. A roughly equal share made the opposite choice and reach non-probate transfers under an "expanded recovery" framework. The exact state count shifts as states amend their codes; check ASPE's Medicaid Estate Recovery report for the current breakdown.

The practical consequence: in Pennsylvania, a family that holds the senior's home in joint tenancy with right of survivorship with an adult child, or that uses a transfer-on-death deed, or that uses POD beneficiary designations on bank accounts, has effectively shielded those assets from Medical Assistance recovery without engaging in any "Medicaid planning" that would trigger the 5-year lookback. In an expanded-recovery state, those same assets could be reachable; consult the destination state's Medicaid agency for that jurisdiction's rules.

What Counts as the "Probate Estate" in Pennsylvania

The probate estate consists of property that passes through the formal probate process under Pennsylvania probate law (Title 20 of the Pennsylvania Consolidated Statutes, the Probate, Estates and Fiduciaries Code, often abbreviated PEF). Pennsylvania's Register of Wills in each county supervises probate; the personal representative (executor or administrator) collects probate assets, pays valid claims, and distributes the residue per the will or intestate succession.

Probate property typically includes:

• Real estate held in the decedent's sole name without a TOD deed
• Real estate held as tenants in common (the decedent's fractional share)
• Bank accounts in the decedent's sole name without a POD beneficiary
• Brokerage and investment accounts in the decedent's sole name without a TOD or beneficiary designation
• Personal property, vehicles, jewelry, household goods, art, collectibles
• Business interests (sole proprietorship, LLC member interest, closely-held stock) in the decedent's sole name
• Receivables and personal loans owed to the decedent
• Cash and uncashed checks at the time of death

Non-probate property, outside the recovery reach in PA:

• Real estate held in joint tenancy with right of survivorship (passes to surviving joint tenant by operation of law)
• Real estate subject to a transfer-on-death deed (passes to the named beneficiary at death)
• Bank accounts with POD beneficiaries
• Brokerage accounts with TOD beneficiaries
• Retirement accounts with named beneficiaries (IRA, 401(k), 403(b), TSP)
• Life insurance policies with named beneficiaries
• Annuities with named beneficiaries
• Property held by an irrevocable trust where the decedent was not the grantor of a revocable trust (or where assets passed to a Medicaid-asset-protection trust outside the lookback)
• Property held in a properly drafted living revocable trust that names successor beneficiaries, though revocable trust assets are generally treated as part of the decedent's gross estate for federal estate-tax purposes, they typically pass outside probate in Pennsylvania

The defining test is procedural: does the asset pass through the Register of Wills under formal probate, or does it pass by operation of law / contract / beneficiary designation? If it passes outside probate, Pennsylvania Medical Assistance has no claim against it.

What Is Recoverable, Specific Categories

When recovery applies (i.e., when probate assets exist beyond the de minimis threshold and no statutory exemption defers recovery), Pennsylvania can recover:

1. All Medical Assistance paid on behalf of the decedent on or after age 55. This includes payments made when the recipient was as young as 55, there is no requirement that the recipient have been older when the spending occurred. The age-55 floor applies to the recipient's age at the time the services were rendered.

2. Long-term care services, nursing-facility care (NF), home- and community-based services (HCBS) under the CHC waiver and OBRA waiver, and LIFE program services.

3. Medicare cost-sharing under the Medicare Savings Programs, Pennsylvania's Healthy Horizons program (QMB, SLMB, QI-1) pays Medicare premiums and (for QMBs) deductibles and coinsurance. These payments are recoverable.

4. Hospital and prescription-drug services for LTC recipients. When a long-term care recipient receives inpatient hospital services or prescription drugs, those payments are recoverable.

5. Capitation payments to MCOs. Pennsylvania pays capitation payments to Community HealthChoices MCOs (AmeriHealth Caritas/Keystone First, PA Health & Wellness, UPMC) and HealthChoices behavioral health MCOs on behalf of dual-eligible long-term care recipients. The capitation payments themselves, not just the underlying claims, are recoverable. This is significant because capitation can run $3,000–$5,000+ per member per month, and a 3–5 year LTC recipient can accumulate $150,000–$300,000+ in capitation alone.

The recovery total for a typical Pennsylvania long-term-care recipient who received 4 years of nursing-facility care can range from $300,000 to $700,000+, depending on the facility's MA per-diem rate, the recipient's medical complexity, and the duration of care. This is why the probate-only scope matters so much in financial terms, a family that has structured assets to pass outside probate keeps those assets entirely; a family that did not, faces a recovery claim that can consume the entire probate residue.

The De Minimis Threshold, $2,400

Pennsylvania does not pursue recovery against probate estates with gross probate value of $2,400 or less. This threshold disposes of a substantial portion of low-asset estates without administrative cost. The threshold is a gross probate value test, it includes the gross value of probate assets before deductions for funeral expenses, administration costs, or valid claims of other creditors.

In practice, the $2,400 threshold means that an estate consisting of, for example, a $1,800 vehicle, $400 in a personal checking account, and $200 in personal effects (total gross probate $2,400) is exempt from recovery. An estate with $2,401 in probate assets is theoretically recoverable, though the cost of pursuing recovery for such a small amount typically discourages enforcement.

For families with substantial non-probate transfers and minimal probate assets, for example, a senior who titled the home in joint tenancy, named POD beneficiaries on all bank accounts, named beneficiaries on retirement accounts, and held everything else jointly with a spouse or child, the de minimis threshold combined with the probate-only scope often means zero recovery, even when the senior received substantial Medical Assistance benefits during life.

The Five Statutory Exemptions

Even when probate assets exist beyond the de minimis threshold, Pennsylvania defers or waives recovery in five specific situations defined by 62 P.S. § 1412 and 55 Pa. Code § 258.

1. Surviving Spouse, Deferred Until Spouse's Death

If the decedent is survived by a spouse, recovery is deferred until the spouse dies. This is not a permanent waiver, when the surviving spouse later dies, Pennsylvania can pursue recovery against any of the previously-deferred assets that flow through the surviving spouse's probate estate.

The deferral has critical strategic implications. During the surviving spouse's lifetime, the surviving spouse can:

• Spend down the inherited assets
• Re-title assets to pass outside probate
• Establish new joint tenancies, POD beneficiaries, TOD deeds
• Transfer assets to children (subject to a new 5-year lookback if the surviving spouse later applies for Medical Assistance, but not subject to recovery on the deceased spouse's account)

A common planning sequence: Spouse A dies after receiving 4 years of nursing-facility MA. Spouse B (the surviving spouse) inherits the probate residue, which is deferred from recovery during Spouse B's lifetime. During the next 5+ years, Spouse B works with an elder-law attorney to retitle assets, joint tenancy with adult children, TOD deeds on remaining real estate, POD beneficiaries on accounts. By the time Spouse B dies, the deferred assets have been moved entirely outside probate, and the deferred recovery claim against Spouse A's MA payments is effectively extinguished (or reduced to whatever remains in Spouse B's probate estate after the retitling).

2. Surviving Child Under Age 21

If the decedent is survived by a child under age 21, recovery is permanently waived against any probate assets needed to support that child. This exemption is rarely invoked in long-term-care contexts because LTC recipients are typically elderly with adult children, but it can apply in disability contexts where a younger MA recipient leaves behind minor children.

3. Surviving Blind or Disabled Child of Any Age

If the decedent is survived by a child who is blind or disabled (using the federal Social Security Act definitions of blindness and disability), recovery is permanently waived against any probate assets needed to support that child. Unlike the under-21 exemption, this exemption applies regardless of the child's age, so an 80-year-old MA recipient who leaves a 55-year-old disabled adult child can use this exemption.

The "disabled child of any age" exemption is one of the most consequential in practice. It is also a core planning tool: parents of an adult disabled child can use this exemption (combined with a special needs trust under 42 U.S.C. § 1396p(d)(4)(A)) to ensure that family wealth flows to the disabled child without recovery erosion.

4. Sibling With Equity Interest

If the home was lived in for at least one year prior to the decedent's institutionalization by a sibling who had an equity interest in the home, recovery against the home is waived. This is a narrow exemption, both the equity interest and the 1-year residency requirement must be satisfied. Documentation is critical: the sibling should be able to produce evidence of equity ownership (deed, cohabitation agreement, recorded interest) and of one full year of residency before the decedent's institutionalization.

5. Adult Child Caregiver

If an adult child of the decedent lived in the home for at least two years immediately prior to the decedent's institutionalization, and during that time provided care that allowed the decedent to delay institutionalization, recovery against the home is waived. This is the same "caregiver-child exception" used to exempt the home from the 5-year lookback on transfers.

The adult-child-caregiver exemption requires careful documentation:

• Two full years of cohabitation in the home immediately before institutionalization (a brief gap can disqualify)
• A primary-care relationship in which the adult child's care delayed nursing-facility admission
• A written affidavit from a physician or qualified medical professional attesting that the care prevented institutionalization
• Tax records, utility bills, mailing-address evidence to establish the cohabitation timeline

Hardship Waivers Under 55 Pa. Code § 258.10

For families that do not meet any of the five statutory exemptions but for whom recovery would cause serious financial hardship, Pennsylvania provides two hardship-waiver applications:

Form 1: Undue Hardship Waiver Request Form

The standard hardship waiver applies when recovery would deprive a surviving family member of a primary residence, a primary income source, or essential medical care. Common grants:

• A surviving family member living in the home as a primary residence with limited income would be displaced by recovery
• A small business or family farm that constitutes the primary income source would be lost
• A surviving family member with significant medical needs would lose access to needed care if forced to liquidate inherited assets

The hardship waiver is reviewed on a case-by-case basis. Approval rates vary; the Pennsylvania Health Law Project (PHLP) reports that hardship waiver applications with strong documentation (income statements, medical records, primary-residence proof) and with the aid of legal counsel have meaningfully higher approval rates than self-prepared applications.

Form 2: Undue Hardship Waiver, Income Producing Property Request Form

The income-producing-property hardship waiver is a specialized form for situations in which recovery against a specific income-producing asset (a small farm, a rental property that supports the family, a small business) would eliminate the family's primary income source. The Income Producing Property Waiver permits recovery to be deferred indefinitely so long as the asset continues to produce income for the family, recovery resumes only if the asset is sold or stops producing income.

Both forms are available from PA DHS Estate Recovery; applications should be submitted with supporting financial documentation.

Notice Requirements and Procedural Mechanics

The recovery process operates through Pennsylvania's probate procedure. Three procedural rules drive the timeline:

Rule 1: Personal Representative Notice, 1 Month

Under 55 Pa. Code § 258.3, when a personal representative is granted letters testamentary or letters of administration by a Pennsylvania Register of Wills, the personal representative must notify DHS Estate Recovery within 1 month of the grant of letters. The notification can be sent to:

• DHS Estate Recovery, P.O. Box 8486, Harrisburg, PA 17105-8486
• Phone: (800) 528-3708
• Email: RA-PWESTATERECOVERY@pa.gov

The notice should include the decedent's full name, date of birth, date of death, Social Security number (or last four digits), the personal representative's contact information, and a copy of the death certificate.

Rule 2: DHS Response, 45 Days

Within 45 days of receiving the notice, DHS responds with either:

• A claim amount (the total Medical Assistance the decedent received that is subject to recovery), OR
• A statement that the decedent did not receive recoverable Medical Assistance, OR
• A statement that recovery is exempt under one of the statutory exemptions or a hardship waiver

If DHS does not respond within 45 days, the personal representative may proceed with administration without holding back funds for the DHS claim. (DHS retains the right to pursue recovery against other available probate assets, but the 45-day deadline establishes a procedural protection for the personal representative.)

Rule 3: Personal Representative Liability

If the personal representative distributes probate assets before notifying DHS or before receiving a 45-day response, and the distribution leaves insufficient assets to satisfy a subsequent DHS claim, the personal representative may be personally liable for the amount distributed in error. This is one of the strongest procedural protections built into the Pennsylvania recovery framework, it incentivizes prompt, complete notice and ensures DHS has a fair opportunity to assert its claim.

For attorneys probating estates of long-term care recipients, the standard practice is:

• Send DHS notice within 7 days of the grant of letters
• Hold back distributions until the 45-day response is received
• Document the entire correspondence trail
• Negotiate the claim if appropriate (DHS will sometimes accept a reduced claim where probate assets are insufficient)
• Distribute residue only after DHS claim is resolved

Worked Example, How the Probate-Only Framework Plays Out

The Henderson Family (Pittsburgh, PA)

Robert Henderson was 87 when he died on April 12, 2026. He had received Medical Assistance for nursing-facility care for 3 years and 8 months at a CHC-contracted nursing facility. Total Medical Assistance paid on Robert's behalf during that period (including capitation payments to UPMC Community HealthChoices, the CHC MCO that managed his care, and including all hospital admissions, prescription drugs, and supplemental services): approximately $485,000.

Robert's estate at death:

• Family home in Squirrel Hill, fair market value $390,000, no mortgage. Robert had transferred title in 2020 to himself and his daughter Sarah as joint tenants with right of survivorship, well outside the 5-year lookback that applied when he later applied for MA in 2022.
• Checking account at PNC Bank, $4,200, with a POD beneficiary designation naming Sarah.
• IRA at Vanguard, $87,000, with Sarah named as primary beneficiary.
• Whole-life insurance policy, $50,000 death benefit, with Sarah named as primary beneficiary.
• Personal vehicle, $9,500, titled in Robert's sole name.
• Personal effects (furniture, clothing, etc.), estimated $2,200.
• Last social security check and small refund check, $1,800 in Robert's sole-name savings account at the time of death.

Probate analysis:

Recovery analysis:

Robert's probate estate is $13,500. This exceeds the $2,400 de minimis threshold, so recovery is theoretically available. DHS will assert a claim against the probate estate. After deducting probate administration expenses (executor fees, attorney fees, court filing fees, typically $4,000–$6,000 for a small estate) and paying any other valid claims (final medical bills, utility bills, etc., Robert had ~$1,200 in residual medical co-pays), the residue available for DHS recovery may be around $6,000–$8,000.

Sarah inherits the $531,200 in non-probate assets entirely. She also inherits the probate residue after the DHS claim is satisfied (typically a few thousand dollars).

The bottom line: Pennsylvania paid $485,000 for Robert's nursing-facility care. Pennsylvania recovers approximately $6,000–$8,000. The remaining $477,000+ is fully retained by Sarah through non-probate transfer.

The Same Family in an Expanded-Recovery State

If Robert had lived in an expanded-recovery state (such as New Jersey) and had structured his assets identically, the expanded-recovery framework could reach assets that pass outside probate, joint tenancy with right of survivorship real estate, POD accounts, beneficiary-designated retirement accounts, and (depending on state law) certain trust arrangements. The specific scope and dollar exposure vary state by state; consult the state's Medicaid agency or an elder-law attorney for that jurisdiction's rules.

The takeaway: the same family, the same care received, and the same lifetime asset accumulation can produce very different estate-recovery outcomes depending on the state where the recipient lived.

Planning Implications, The Non-Probate Transfer Playbook

Given Pennsylvania's probate-only scope, the following planning techniques are the workhorses of Pennsylvania Medical Assistance estate planning:

1. Joint Tenancy With Right of Survivorship (JTWROS)

Adding a child as joint tenant with right of survivorship on real estate or financial accounts ensures the asset passes to the surviving joint tenant by operation of law at death, outside probate. JTWROS is the most common technique for the family home in Pennsylvania.

Caveats:

• Adding a joint tenant during the lookback period (60 months before MA application) creates a partial gift that triggers a transfer penalty for the value of the joint interest given. The penalty divisor in 2026 is $421.20/day.
• JTWROS subjects the property to the joint tenant's creditors during the joint tenant's lifetime, if the adult child has judgment creditors or files bankruptcy, the property is at risk.
• JTWROS limits the original owner's flexibility, the property cannot be sold or refinanced without the joint tenant's consent.
• JTWROS may produce capital-gains tax disadvantages for the surviving joint tenant, only the deceased owner's share receives a step-up in basis at death; the surviving joint tenant's share retains the original basis.

2. Transfer-on-Death (TOD) Deeds

Pennsylvania recognized TOD deeds for real estate beginning in 2020. A TOD deed allows the property owner to designate a beneficiary who receives the property at the owner's death, without joint ownership during the owner's lifetime. This avoids the JTWROS disadvantages while still keeping the property out of probate.

TOD deeds have become a preferred technique for Pennsylvania families because:

• The owner retains full control during life, can sell, mortgage, or revoke at will
• The beneficiary has no creditor exposure during the owner's lifetime
• The beneficiary receives a full step-up in basis at the owner's death
• The property passes outside probate at death, outside MA recovery

The TOD deed must be properly recorded with the county Recorder of Deeds during the owner's lifetime. A revocation is also recordable.

3. Payable-on-Death (POD) Bank Accounts

Bank accounts can be designated as "payable on death" to a named beneficiary. The account remains entirely under the owner's control during life, and at death the beneficiary collects the balance directly from the bank by presenting a death certificate, no probate involvement.

4. Transfer-on-Death (TOD) Brokerage Accounts

Brokerage accounts (taxable investment accounts) can be designated TOD to a named beneficiary. Same mechanics as POD bank accounts, owner retains full control during life, beneficiary collects directly at death.

5. Beneficiary Designations on Retirement Accounts

IRAs, 401(k)s, 403(b)s, TSPs, and similar retirement accounts pass to the named beneficiary at death, outside probate. (Note: tax treatment of inherited retirement accounts is governed by the SECURE Act and SECURE 2.0, typically a 10-year distribution requirement for most non-spouse beneficiaries, but this is an income-tax issue, not a recovery issue.)

6. Beneficiary Designations on Life Insurance

Life insurance with a named beneficiary passes outside probate to the beneficiary. Only if the beneficiary designation is "estate" or "executor" do life-insurance proceeds enter the probate estate.

7. Living Revocable Trusts

A properly drafted living revocable trust avoids probate at death (the trust assets pass per the trust terms, not through the will and not through the Register of Wills). Living revocable trusts are a more complex planning tool than the simpler joint-tenancy/POD/TOD approaches and are generally reserved for families with more complex circumstances (multiple states of residence, business interests, blended-family considerations, privacy concerns).

8. Irrevocable Medicaid Asset Protection Trusts (MAPTs)

For families planning years in advance of an anticipated Medical Assistance need, an irrevocable Medicaid Asset Protection Trust can transfer assets out of the senior's name 5+ years before MA application. Once the 5-year lookback has passed, the trust assets are not countable for MA eligibility AND they pass outside probate at the senior's death, outside recovery as well. MAPTs are sophisticated planning tools requiring specialized legal counsel (typically PA elder-law attorneys).

9. Gifts Outside the Lookback

Outright gifts to family members made more than 60 months (5 years) before the senior applies for Medical Assistance are not subject to the transfer penalty AND are not recoverable (the gifted assets are no longer the senior's at death). Gifts within the lookback period trigger a transfer penalty under the daily divisor ($421.20/day in 2026) but are still not directly recoverable from the recipient, recovery applies only to the senior's probate estate at death, not to assets the senior gave away during life.

What Does NOT Work, Common Misconceptions

• A will alone does not avoid probate. A will directs what happens during probate; it does not bypass probate. Wills are necessary, but they do not provide non-probate transfer.
• Quitclaim deeds without joint tenancy or TOD do not protect the home, they may transfer ownership but they create lookback-period exposure (and the home is no longer a homestead asset of the senior, which can cost the senior the home-equity exemption).
• "Selling" the home to a child at below-market value triggers the transfer penalty on the gifted portion (the difference between fair market value and the purchase price).
• Adding a joint owner immediately before applying for MA is treated as a partial gift and creates lookback issues.

How Pennsylvania's Recovery Framework Compares

Pennsylvania sits on the more lenient end of the recovery-scope spectrum. The state-by-state picture varies along several axes; for cross-state comparisons, consult the destination state's Medicaid agency or ASPE's Medicaid Estate Recovery report.

The takeaway: in Pennsylvania, simple non-probate transfer techniques (joint tenancy, TOD/POD, beneficiary designations) can keep substantial family wealth outside the reach of Medicaid recovery, the practical effect that has made PA's framework a consumer-protection benchmark in the Northeast.

Common Pitfalls in Medicaid Pennsylvania Estate Recovery Planning

1. Assuming a will is enough. A will directs probate; it does not avoid probate. Families who rely solely on a will routinely lose assets to recovery that could have been preserved with simple non-probate transfers.

2. Adding a joint owner inside the 5-year lookback. Adding a child as joint tenant in the months before MA application creates a partial gift that triggers the transfer penalty.

3. Failing to record a TOD deed. A TOD deed is only effective if recorded with the county Recorder of Deeds during the owner's lifetime. An unrecorded TOD deed has no legal effect.

4. Naming the estate as POD/beneficiary. A POD beneficiary designation that names "the estate" or "the executor" puts the asset back into probate, defeating the entire purpose of the designation. Always name a specific person.

5. Letting beneficiary designations go stale. Naming an ex-spouse, a deceased family member, or a minor child without a custodian can cause unintended results. Beneficiary designations should be reviewed every 5 years and after every major family event.

6. Skipping the 1-month notice to DHS. A personal representative who fails to notify DHS within 1 month of grant of letters can incur personal liability for distributions made before resolving the DHS claim.

7. Not pursuing hardship waivers when applicable. Families that meet hardship-waiver criteria, primary residence, primary income source, surviving family with medical needs, often do not apply because they assume the application is futile. Approval rates with documentation and counsel are meaningfully higher than self-perception suggests.

8. Ignoring the disabled-child exemption in family planning. Parents of an adult disabled child can structure planning around this exemption combined with a (d)(4)(A) special needs trust, this is one of the most powerful planning tools in PA.

9. Misunderstanding the surviving-spouse deferral as a permanent waiver. The deferral protects assets only during the surviving spouse's lifetime. If the surviving spouse does not retitle deferred assets before death, those assets may flow into the surviving spouse's probate estate and become recoverable then.

10. Assuming the home equity cap and recovery are the same issue. They are not. The $752,000 home equity cap applies to MA eligibility, the maximum equity the applicant can hold while qualifying. Recovery applies after death and reaches only probate assets. A home with $900,000 in equity may disqualify the applicant from MA eligibility AND may pass outside probate at death (avoiding recovery) if titled in joint tenancy or with a TOD deed.

Frequently Asked Questions

Where to Get Help

• DHS Estate Recovery, (800) 528-3708 / RA-PWESTATERECOVERY@pa.gov / P.O. Box 8486, Harrisburg, PA 17105-8486
• Pennsylvania Health Law Project (PHLP), Helpline 1-800-274-3258, free legal assistance for Pennsylvania Medical Assistance applicants and recipients (and their families dealing with recovery claims)
• PA Department of Aging APPRISE, 1-800-783-7067, free Medicare/MA counseling
• Pennsylvania Bar Association Lawyer Referral, 1-800-692-7375
• National Academy of Elder Law Attorneys (NAELA), Pennsylvania Chapter, member directory at naela.org
• PA Bar Association, Elder Law Section, referral service for elder-law practitioners
• Local Area Agency on Aging, 52 PA AAAs covering all 67 counties; locate via aging.pa.gov
• Register of Wills in the county of the decedent's residence, handles probate filings

For complex estate-recovery situations, large probate estates, contested DHS claims, hardship-waiver applications, multi-state asset configurations, surviving-spouse-deferral planning, engage a Pennsylvania elder-law attorney. Most PA elder-law firms will conduct an initial consultation for $300–$500 and can provide significant value when DHS claims approach $50,000 or more.

Learn More

• Pennsylvania Medicaid Programs Overview
• PA Medicaid Eligibility & Income Limits
• PA Penalty Divisor & 5-Year Lookback
• Pennsylvania Spousal Impoverishment
• Pennsylvania Personal Needs Allowance
• How to Apply for Pennsylvania Medicaid

Find personalized help navigating Pennsylvania Medicaid estate recovery at brevy.com.

The information on Brevy.com is for educational purposes only and is not a substitute for professional legal, financial, or medical advice. Rules vary by state and program and change frequently. Always verify with the relevant agency or a qualified professional. Brevy is not a law firm, financial advisor, or healthcare provider.