---
title: "Mississippi Medicaid Estate Recovery | Funding LTC Marketplace"
url: https://fundingltcmarketplace.com/states/mississippi/medicaid-estate-recovery/
description: "Mississippi's estate-creditor recovery process, survivor protections, and undue-hardship waiver authority."
last_updated: 2026-10-20
author: George A. Mellendorf, CLTC, LTCP (Central States Insurance Services, Inc.)
publisher: Funding LTC Marketplace
note: Educational content; not legal, tax or financial advice. Markdown copy of the HTML page at the URL above.
---
Mississippi · Estate Recovery

# Mississippi Medicaid Estate Recovery

Last updated 2026-10-20

Mississippi's Division of Medicaid administers estate recovery directly, and state law gives it a formal creditor role. Mississippi Code §43-13-317 requires that DOM be noticed as an identified creditor against the estate of a deceased Medicaid recipient, with authority to seek recovery consistent with federal law. DOM's own consumer page describes recovery as reaching real or personal property in the recipient's estate, up to the value of the Medicaid payments made on that person's behalf (Mississippi Code §43-13-317; DOM Estate Recovery page).

The published materials identify Medicaid recipients age 55 or older as the principal group subject to recovery, and they describe nursing-facility services, home- and community-based services, and related hospital and prescription-drug services as the categories of covered care that can be recovered. DOM's overview centers the program specifically on people who were age 55 or older and in a nursing facility or HCBS waiver program at the time of death (DOM Estate Recovery page; Mississippi Code §43-13-317).

Mississippi's program also includes survivor protections and an undue-hardship waiver process for cases where recovery would create genuine hardship for surviving family members — details worth raising directly with DOM or elder-law counsel when a claim looks likely.

## Sources and official resources

- [Mississippi Division of Medicaid](https://medicaid.ms.gov/)
- [U.S. Code: 42 U.S.C. § 1396p (liens, estate recovery, transfers of assets, Partnership disregard)](https://www.law.cornell.edu/uscode/text/42/1396p)

Rules and figures change. Confirm current details with the agency before you act.

[← Back to the full Mississippi guide](https://fundingltcmarketplace.com/states/mississippi/)