Q: What happens if notice of death was not given within 90 days for Medi-Cal Estate Recovery? CA Probate Code Section 215
A Medi-Cal recipient passed away a few years ago, and notice was never given to DHCS. What are the consequences of missing the 90 day deadline? The recipient was survived by their spouse, who just passed away recently and was also a Medi-Cal recipient. The estates aren't being probated. How should the late notice be handled? Which decedent's notice should be submitted first?
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A:
If the notice of death for Medi-Cal Estate Recovery wasn’t provided within 90 days, the Department of Health Care Services (DHCS) may still pursue recovery from the estate, but there is no immediate penalty for the missed deadline. However, it’s important to notify DHCS as soon as possible to avoid further complications. Failure to notify them could delay the final resolution of the estate and may result in increased interest or issues with future estate transfers.
In this case, since both spouses were Medi-Cal recipients, you should submit the notice for the first decedent (the spouse who passed away a few years ago) before addressing the recently deceased spouse. This will ensure that any recovery claims related to the first spouse are resolved in the proper order.
While probate isn’t being pursued, it’s still necessary to provide the required notice to DHCS to address any potential recovery claims. Handling this promptly can help avoid any added complexities in the future.
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