Recovery scope
Expanded estate for benefits on or after July 1, 2004: all property in which the member held legal title or interest immediately before or at death, including joint-tenancy and payable-on-death interests. Earlier benefits use the fact sheet's narrower solely owned estate.
Controlling authority
Kansas Medicaid State Plan Attachment 4.17-A and the KanCare Estate Recovery fact sheet
Exemptions and deferrals
Recovery is deferred while a surviving spouse or child under 21, blind, or disabled is protected; federal-condition sibling and caregiver-child home protections also apply. Recovery covers specified long-term-care and related services for members age 55 or older and qualifying permanently institutionalized members.
Hardship-waiver path
Kansas provides undue-hardship review, may waive a claim when collection is not cost-effective, and may approve a partial waiver or payment arrangement under the state-plan criteria.
Lien practice
Kansas may place a lien after at least six months of institutional residence when the state determines the member is not expected to return home. Notice and a 30-day fair-hearing opportunity apply, and the listed spouse or protected-child occupancy prevents the lien.
Sources and update policy
Methodology & sources
Checked at least annually and whenever recovery statutes, waivers, liens, or agency practices change.
This page is educational and is not legal advice.