A claim of undue hardship must be made within 60 days of the date of the notice of the Medicaid claim. A claim of hardship must describe the financial circumstances of the surviving heir, and/or his or her dependents in the estate. The estate recovery administrator evaluates each claim of hardship based on documentary evidence submitted by the claimant. Inform the personal representative to submit a hardship claim to:
The Division of Medical Assistance
Estate Recovery Administrator
2508 Mail Service Center
Raleigh, North Carolina 27699-2508
Inform the personal representative to contact the Division of Medical Assistance’s Estate Recovery Administrator at 919-647-8100 for a list of the documents that may be required for an undue hardship claim.
Each claim of undue hardship is evaluated within 90 calendar days from the date of receipt. A written decision is made within 10 calendar days after completing the review. If the surviving heir disagrees with the decision on his claim of hardship, he or she may appeal to the Office of Administrative Hearings (OAH) within 60 calendar days from the receipt of the decision. If no appeal to OAH is filed, the decision is final.