# South Carolina — Medicaid Estate Recovery Rules by State

For South Carolina, what counts as the estate is "Estate" means real property, personal property, and other assets included within the individual's estate as defined in Section 62-1-201(11); survivor protections is Recovery under this section may be made only after the death of the decedent's surviving spouse, if one exists, and only at a time when the decedent has no surviving child under age twenty-one or no child who is blind or permanently and totally disabled as defined in Title XVI of the Social Security Act; undue hardship waiver is Recovery under this section must be waived by the department upon proof of undue hardship, asserted by an heir or devisee of the property claimed pursuant to 42 U.S.C. 1396p(b)(3) and in accordance with the guidance issued by the Secretary of the United States Department of Health and Human Services in the State Medicaid Manual as incorporated into the state plan; citation is SECTION 43-7-460, recorded from its source on 2026-08-31.

- **State:** South Carolina _(our reading, not quoted from the source)_
- **What counts as the estate:** "Estate" means real property, personal property, and other assets included within the individual's estate as defined in Section 62-1-201(11). _(verified: appears in its own passage below)_
- **Survivor protections:** Recovery under this section may be made only after the death of the decedent's surviving spouse, if one exists, and only at a time when the decedent has no surviving child under age twenty-one or no child who is blind or permanently and totally disabled as defined in Title XVI of the Social Security Act. _(verified: appears in its own passage below)_
- **Undue hardship waiver:** Recovery under this section must be waived by the department upon proof of undue hardship, asserted by an heir or devisee of the property claimed pursuant to 42 U.S.C. 1396p(b)(3) and in accordance with the guidance issued by the Secretary of the United States Department of Health and Human Services in the State Medicaid Manual as incorporated into the state plan. _(verified: appears in its own passage below)_
- **Citation:** SECTION 43-7-460 _(our reading, not quoted from the source)_

## What the source says

> SECTION 43-7-460. Recovery of medical assistance paid from estates of certain individuals. (A) The department shall seek recovery of medical assistance paid under the Title XIX State Plan for Medical Assistance from the estate of an individual who: (1) at the time of death was an inpatient in a nursing facility, intermediate care facility for persons with intellectual disability, or other medical institution, if the individual is required, as a condition of receiving a service in the facility under the state plan, to spend for the cost of medical care all but a minimal amount of the person's income required for personal needs; or (2) was fifty-five years of age or older when the individual received medical assistance, but only for medical assistance consisting of a nursing facility service, home and community-based service, hospital or prescription drug service provided to an individual or a nursing facility, or receiving a home and community-based service.

## 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

> (F) For purposes of this section: (1) "Estate" means real property, personal property, and other assets included within the individual's estate as defined in Section 62-1-201(11). (2) "State plan" means Title XIX State Plan for Medical Assistance in effect at the decedent's death. (3) "Immediate family member" means a child, grandchild, parent, brother, or sister of the deceased.

### Survivor protections

> (B) Recovery under this section may be made only after the death of the decedent's surviving spouse, if one exists, and only at a time when the decedent has no surviving child under age twenty-one or no child who is blind or permanently and totally disabled as defined in Title XVI of the Social Security Act.

### Undue hardship waiver

> (C) Recovery under this section must be waived by the department upon proof of undue hardship, asserted by an heir or devisee of the property claimed pursuant to 42 U.S.C. 1396p(b)(3) and in accordance with the guidance issued by the Secretary of the United States Department of Health and Human Services in the State Medicaid Manual as incorporated into the state plan.

## Source

- https://www.scstatehouse.gov/code/t43c007.php

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/).