Recovery scope
After death, Delaware seeks the maximum recoverable amount for covered Medicaid services paid for a recipient age 55 or older, including the federal share and managed-care capitation, while excluding the specified Medicare cost-sharing paid for dates of service on or after January 1, 2010.
Controlling authority
Delaware's CMS-approved Medicaid State Plan TN DE-25-0004 is the current controlling authority for the recoverable-service scope and claim requirements stated here.
Exemptions and deferrals
Recovery waits until both the recipient and a continuously resident surviving spouse have died. Home recovery is deferred while a blind or disabled surviving child, a qualifying caregiver child or sibling, or a resident minor child remains protected under the state plan.
Hardship-waiver path
A qualifying child, grandchild, parent, or sibling who lived in the home for two years before long-term care may obtain hardship relief under Delaware's needs-based, limited-resource, or income-producing family-business tests. The state plan tracks an approved hardship before closing the referral if it persists.
Lien practice
Delaware may record a pre-death real-property lien after notice, hearing, and a determination that an institutionalized recipient cannot reasonably return home, subject to protected-resident exceptions. The lien is released if the recipient returns home.
Sources
Methodology & sources
Checked at least annually and whenever recovery statutes, waivers, liens, or agency practices change.
General information, not legal advice.