Arizona law directs the AHCCCS director to write rules allowing claims against a deceased member's estate to recover benefits paid, and separately entitles AHCCCS to place a lien on a member's property — both consistent with federal law. A personal representative has to notify AHCCCS about the estate or property within three months of the death of a member who was 55 or older, unless AHCCCS has already filed its claim in the probate proceeding.
AHCCCS policy applies estate recovery whenever a deceased person received ALTCS nursing-home or home- and community-based benefits at 55 or older, for benefits paid on or after January 1, 1994. The claim covers the total ALTCS payments made on that person's behalf from age 55 onward, and the recoverable categories include capitation payments, qualifying fee-for-service payments, reinsurance, and certain older Medicare-related costs. AHCCCS files against property subject to probate or a small-estate affidavit, and its policy separately spells out deferment, partial-recovery or reduction, grievance, and hearing options.
← Back to the full Arizona guide