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Medicaid Planning · Nebraska

Nebraska Medicaid estate recovery

Medicaid estate recovery rules for Nebraska.

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

Recovery scope

Expanded recovery reaches probate property and interests passing through joint tenancy, tenancy in common, life estate, living trust, or other arrangements; it applies to specified long-term-care cases and Medicaid benefits paid at age 55 or older, except protected Medicare cost sharing.

Source: Nebraska Medicaid State Plan, Liens and Adjustments or Recoveries [state-plan] — TN NE 10-24 approved February 11, 2011; effective October 1, 2010

Controlling authority

Nebraska Medicaid State Plan section 4.17 and title 471, chapter 38

Source: Nebraska Medicaid State Plan, Liens and Adjustments or Recoveries [state-plan] — TN NE 10-24 approved February 11, 2011; effective October 1, 2010 Additional authority: Nebraska Administrative Code title 471, chapter 38 [state-medicaid-agency] — EFFECTIVE 7/1/2019

Exemptions and deferrals

Recovery is deferred while a surviving spouse, child under 21, or blind or disabled child survives; home protections also apply for certain siblings and caregiver children.

Source: Nebraska Medicaid State Plan, Liens and Adjustments or Recoveries [state-plan] — TN NE 10-24 approved February 11, 2011; effective October 1, 2010

Hardship-waiver path

An heir may request waiver based on the chapter 38 criteria, including qualifying two-year caregiving, public-assistance dependency, or case-specific hardship; the rule supplies filing deadlines and a 90-day decision period.

Source: Nebraska Administrative Code title 471, chapter 38 [state-medicaid-agency] — EFFECTIVE 7/1/2019

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.