Florida
For Florida, what counts as the estate is Medicaid estate recovery shall be accomplished by the agency filing a statement of claim against the estate of a deceased Medicaid recipient as provided in part VII of chapter 733; survivor protections is The debt created under this section shall not be enforced if the recipient is survived by: (a) A spouse; (b) A child or children under 21 years of age; or (c) A child or children who are blind or permanently and totally disabled pursuant to the eligibility requirements of Title XIX of the Social Security Act; citation is 409.9101, recorded from its source on 2026-08-31.
- State
- Florida our reading
- What counts as the estate
- Medicaid estate recovery shall be accomplished by the agency filing a statement of claim against the estate of a deceased Medicaid recipient as provided in part VII of chapter 733. verified
- Survivor protections
- The debt created under this section shall not be enforced if the recipient is survived by: (a) A spouse; (b) A child or children under 21 years of age; or (c) A child or children who are blind or permanently and totally disabled pursuant to the eligibility requirements of Title XIX of the Social Security Act. verified
- Undue hardship waiver
- The agency shall not recover from an estate if doing so would cause undue hardship for the qualified heirs, as defined in s. 731.201 . The personal representative of an estate and any heir may request that the agency waive recovery of any or all of the debt when recovery would create a hardship. A hardship does not exist solely because recovery will prevent any heirs from receiving an anticipated inheritance. verified
- Citation
- 409.9101 our reading
Values marked our reading are our classification of what the source says — the source does not print them in those words. The quote below is the evidence for each one; judge it yourself.
What the source says
409.9101 Recovery for payments made on behalf of Medicaid-eligible persons. — (1) This section may be cited as the “Medicaid Estate Recovery Act.” (2) It is the intent of the Legislature by this section to supplement Medicaid funds that are used to provide medical services to eligible persons. Medicaid estate recovery shall be accomplished by the agency filing a statement of claim against the estate of a deceased Medicaid recipient as provided in part VII of chapter 733. Recovery shall be made pursuant to federal authority in s. 13612 of the Omnibus Budget Reconciliation Act of 1993, which amends s. 1917(b)(1) of the Social Security Act, 42 U.S.C. s. 1396p(b)(1).
— leg.state.fl.us, retrieved 2026-08-31
Where each value comes from
This source states these in separate places, so each value is shown with the passage that states it.
What counts as the estate
(2) It is the intent of the Legislature by this section to supplement Medicaid funds that are used to provide medical services to eligible persons. Medicaid estate recovery shall be accomplished by the agency filing a statement of claim against the estate of a deceased Medicaid recipient as provided in part VII of chapter 733. Recovery shall be made pursuant to federal authority in s. 13612 of the Omnibus Budget Reconciliation Act of 1993, which amends s. 1917(b)(1) of the Social Security Act, 42 U.S.C. s. 1396p(b)(1).
Survivor protections
(6) The debt created under this section shall not be enforced if the recipient is survived by: (a) A spouse; (b) A child or children under 21 years of age; or (c) A child or children who are blind or permanently and totally disabled pursuant to the eligibility requirements of Title XIX of the Social Security Act.
Undue hardship waiver
(8) The agency shall not recover from an estate if doing so would cause undue hardship for the qualified heirs, as defined in s. 731.201 . The personal representative of an estate and any heir may request that the agency waive recovery of any or all of the debt when recovery would create a hardship. A hardship does not exist solely because recovery will prevent any heirs from receiving an anticipated inheritance. The following criteria shall be considered by the agency in reviewing a hardship request:
— all from leg.state.fl.us, retrieved 2026-08-31
Source
- leg.state.fl.ushttp://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0409/Sections/0409.9101.html