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Medicaid Planning · Maryland

Maryland Medicaid estate recovery

Medicaid estate recovery rules for Maryland.

Published: Not yet published. Last checked: September 5, 2026.

Recovery scope

For a permanently institutionalized person, Maryland recovers institutional services and other medical assistance. For a person age 55 or older, Maryland recovers approved Medical Assistance other than Medicare cost sharing.

Source: Maryland Medicaid State Plan section 4.17 [state-plan] — TN 10-14 approved March 14, 2011; effective October 1, 2010

Controlling authority

Maryland Medicaid State Plan section 4.17 governs the state's lien and estate-recovery program.

Source: Maryland Medicaid State Plan section 4.17 [state-plan] — TN 10-14 approved March 14, 2011; effective October 1, 2010

Exemptions and deferrals

Recovery is deferred while a surviving spouse remains and while a surviving child is under 21, blind, or disabled. Collection from lien property is also delayed for a qualifying sibling who lived in the home for at least one year or a qualifying caregiver child who lived there for at least two years.

Source: Maryland Medicaid State Plan section 4.17 [state-plan] — TN 10-14 approved March 14, 2011; effective October 1, 2010 Additional authority: Maryland Medicaid State Plan Attachment 4.17-A [state-plan] — TN 13-06 approved July 2, 2013; effective April 1, 2013

Hardship-waiver path

Source unavailable. Check with the state Medicaid agency.

State Medicaid agency

Lien practice

Maryland uses liens for incorrectly paid benefits, pre-death TEFRA liens on real property of a permanently institutionalized person, and liens on real or personal property after death. A pre-death lien requires medical review, notice, appeal rights, and review at least every six months.

Source: Maryland Medicaid State Plan section 4.17 [state-plan] — TN 10-14 approved March 14, 2011; effective October 1, 2010 Additional authority: Maryland Medicaid State Plan Attachment 4.17-A [state-plan] — TN 13-06 approved July 2, 2013; effective April 1, 2013

Sources

Methodology & sources

Checked at least annually and whenever recovery statutes, waivers, liens, or agency practices change.

General information, not legal advice.