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Medicaid Planning · Mississippi

Mississippi Medicaid estate recovery

Medicaid estate recovery rules for Mississippi.

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

Recovery scope

Mississippi seeks recovery from the estate for nursing-facility, home- and community-based, and related hospital and prescription services received at age 55 or older.

Source: Mississippi Division of Medicaid — Estate Recovery Law (§ 43-13-317) [state-medicaid-agency] — Laws 2004, chapter 593, section 7; effective July 1, 2004

Controlling authority

Mississippi Code § 43-13-317 authorizes the estate-recovery claim.

Source: Mississippi Division of Medicaid — Estate Recovery Law (§ 43-13-317) [state-medicaid-agency] — Laws 2004, chapter 593, section 7; effective July 1, 2004

Exemptions and deferrals

Recovery is deferred while there is a surviving spouse or a surviving dependent who is under 21, blind, or disabled, and recovery must be waived to the extent it creates undue hardship.

Source: Mississippi Division of Medicaid — Estate Recovery Law (§ 43-13-317) [state-medicaid-agency] — Laws 2004, chapter 593, section 7; effective July 1, 2004

Hardship-waiver path

Hardship criteria include a qualifying blood relative who lived in the home continuously for one year before institutional or waiver care, provided care that delayed institutionalization, and has no other residence, as well as property that is the family's limited income-producing asset or farm.

Source: Mississippi Medicaid Administrative Code Part 306, Rule 1.8 [state-medicaid-agency] — Effective August 1, 2020

Lien practice

Source unavailable. Check with the state Medicaid agency.

State Medicaid agency

Sources

Methodology & sources

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

General information, not legal advice.