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Medicaid Planning · Pennsylvania

Pennsylvania Medicaid estate recovery

Medicaid estate recovery rules for Pennsylvania.

Published: September 4, 2026. Last checked: September 5, 2026.

Recovery scope

Probate-estate recovery reaches real and personal property subject to administration, including unadministered probate property, for nursing-facility, home-and-community-based, and related hospital and prescription-drug services received at age 55 or older on or after August 15, 1994. Joint survivorship property and trust assets not payable to the estate are excluded.

Source: 55 Pennsylvania Code chapter 258 [state-medicaid-agency] — Adopted November 2, 2001, effective February 1, 2002

Controlling authority

62 P.S. section 1412 and 55 Pennsylvania Code chapter 258

Source: 55 Pennsylvania Code chapter 258 [state-medicaid-agency] — Adopted November 2, 2001, effective February 1, 2002

Exemptions and deferrals

Collection is postponed while a surviving spouse lives, while a surviving child is under 21 or blind or permanently disabled, and while a qualifying sibling with an equity interest remains in the home; protected Native American and Alaska Native property and government reparations are exempt.

Source: 55 Pennsylvania Code chapter 258 [state-medicaid-agency] — Adopted November 2, 2001, effective February 1, 2002

Hardship-waiver path

Permanent hardship relief covers a qualifying two-year resident caregiver with no alternative home, specified income-producing property needed to keep household income at or above 250% of the federal poverty guideline, necessary home-maintenance expenses, and administered estates worth $2,400 or less with an heir. The Department may also decide other cases individually.

Source: 55 Pennsylvania Code chapter 258 [state-medicaid-agency] — Adopted November 2, 2001, effective February 1, 2002

Lien practice

During a statutory postponement, estate real property must be secured by a mortgage or other recorded encumbrance in the Department's favor; qualifying personal property may require a perfected security interest. No interest accrues during the postponement.

Source: 55 Pennsylvania Code chapter 258 [state-medicaid-agency] — Adopted November 2, 2001, effective February 1, 2002

Sources

Methodology & sources

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

General information, not legal advice.