# Idaho — Medicaid Estate Recovery Rules by State

For Idaho, what counts as the estate is (a) All real and personal property and other assets included within the individual’s estate, as defined for purposes of state probate law; and (b) Any other real and personal property and other assets in which the individual had any legal title or interest at the time of death, to the extent of such interest, including such assets conveyed to a survivor, heir, or assign of the deceased individual through joint tenancy, tenancy in common, survivorship, life estate, living trust or other arrangement; survivor protections is There shall be no adjustment or recovery until after the death of both the individual and the spouse, if any, and only at a time when the individual has no surviving child who is under twenty-one (21) years of age or is blind or permanently and totally disabled as defined in 42 U.S.C. 1382c; undue hardship waiver is rules establishing undue hardship waivers for the following circumstances: (a) The estate subject to recovery is income-producing property that provides the primary source of support for other family members; or (b) The estate has a value below an amount specified in the rules; or (c) Recovery by the department will cause the heirs of the deceased individual to be eligible for public assistance; citation is 56-218, recorded from its source on 2026-08-31.

- **State:** Idaho _(our reading, not quoted from the source)_
- **What counts as the estate:** (a) All real and personal property and other assets included within the individual’s estate, as defined for purposes of state probate law; and (b) Any other real and personal property and other assets in which the individual had any legal title or interest at the time of death, to the extent of such interest, including such assets conveyed to a survivor, heir, or assign of the deceased individual through joint tenancy, tenancy in common, survivorship, life estate, living trust or other arrangement. _(verified: appears in its own passage below)_
- **Survivor protections:** There shall be no adjustment or recovery until after the death of both the individual and the spouse, if any, and only at a time when the individual has no surviving child who is under twenty-one (21) years of age or is blind or permanently and totally disabled as defined in 42 U.S.C. 1382c. _(verified: appears in its own passage below)_
- **Undue hardship waiver:** rules establishing undue hardship waivers for the following circumstances: (a) The estate subject to recovery is income-producing property that provides the primary source of support for other family members; or (b) The estate has a value below an amount specified in the rules; or (c) Recovery by the department will cause the heirs of the deceased individual to be eligible for public assistance. _(verified: appears in its own passage below)_
- **Citation:** 56-218 _(our reading, not quoted from the source)_

## What the source says

> 56-218. Recovery of certain medical assistance. (1) Except where exempted or waived in accordance with federal law medical assistance pursuant to this chapter paid on behalf of an individual who was fifty-five (55) years of age or older when the individual received such assistance may be recovered from the individual’s estate, and the estate of the spouse, if any, for such aid paid to either or both:

## 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

> (4) For purposes of this section, the term "estate" shall include: (a) All real and personal property and other assets included within the individual’s estate, as defined for purposes of state probate law; and (b) Any other real and personal property and other assets in which the individual had any legal title or interest at the time of death, to the extent of such interest, including such assets conveyed to a survivor, heir, or assign of the deceased individual through joint tenancy, tenancy in common, survivorship, life estate, living trust or other arrangement.

### Survivor protections

> (a) There shall be no adjustment or recovery until after the death of both the individual and the spouse, if any, and only at a time when the individual has no surviving child who is under twenty-one (21) years of age or is blind or permanently and totally disabled as defined in 42 U.S.C. 1382c. (b) While one (1) spouse survives, except where joint probate will be authorized pursuant to section 15-3-111 , Idaho Code, a claim for recovery under this section may be established in the estate of the deceased spouse.

### Undue hardship waiver

> (7) The director shall promulgate rules reasonably necessary to implement this section including, but not limited to, rules establishing undue hardship waivers for the following circumstances: (a) The estate subject to recovery is income-producing property that provides the primary source of support for other family members; or (b) The estate has a value below an amount specified in the rules; or (c) Recovery by the department will cause the heirs of the deceased individual to be eligible for public assistance.

## Source

- https://legislature.idaho.gov/statutesrules/idstat/Title56/T56CH2/SECT56-218/

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/).