The Claim After A Death
Va. Code 32.1-326.1 — estate recovery for Medicaid-financed nursing facility care
The program. In accordance with federal law, the Department operates a program of estate recovery for all persons on whose behalf payments are made for Medicaid-financed nursing facility care.
The cap. The amount recovered from the estate of a deceased recipient may not exceed the total Medicaid payments made on the recipient's behalf.
Which survivors defer recovery, and when hardship waives it, follow the federal law and the Department's own rules. The federal law the section follows, the agency's own rules on hardship, and probate procedure are not on this page. Whether a particular estate owes a claim, or qualifies for a waiver, is a question for a licensed Virginia attorney.
Sources for this section (1)
- Va. Code 32.1-326.1 — The estate recovery program
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Virginia attorney.