# Hawaii — Medicaid Estate Recovery Rules by State

For Hawaii, survivor protections is The department shall file a claim against the estate of a deceased recipient of medical assistance for the amount of medical assistance granted, only if the recipient was age fifty-five or over when such medical assistance was received and there is no surviving spouse, or surviving child who is under twenty-one years of age, or blind, or disabled; citation is Haw. Rev. Stat. § 346-37, recorded from its source on 2026-08-31.

- **State:** Hawaii _(our reading, not quoted from the source)_
- **Survivor protections:** The department shall file a claim against the estate of a deceased recipient of medical assistance for the amount of medical assistance granted, only if the recipient was age fifty-five or over when such medical assistance was received and there is no surviving spouse, or surviving child who is under twenty-one years of age, or blind, or disabled. _(verified: appears in its own passage below)_
- **Citation:** Haw. Rev. Stat. § 346-37 _(our reading, not quoted from the source)_

## What the source says

> §346-37 Recovery of payments and costs of medical assistance.

## Where each value comes from

This source states these in separate places, so each value is shown with the passage that states it.

### Survivor protections

> The department shall file a claim against the estate of a deceased recipient of medical assistance for the amount of medical assistance granted, only if the recipient was age fifty-five or over when such medical assistance was received and there is no surviving spouse, or surviving child who is under twenty-one years of age, or blind, or disabled.

## Source

- https://www.capitol.hawaii.gov/hrscurrent/Vol07_Ch0346-0398/HRS0346/HRS_0346-0037.htm

Last verified: 2026-08-31. Review by: 2027-08-31.
Part of [Medicaid Estate Recovery Rules by State](https://referencesource.org/medicaid-estate-recovery-rules-by-state/).