2027 alertUnitedHealthcare, Blue Cross and Blue Shield of Oklahoma, Wellcare and Humana end some Medicare Advantage plans in Oklahoma on December 31. (CMS data) 25 days left in Annual Enrollment (ends Dec. 7).Is your plan ending? →
Questions

Will Oklahoma take my house if I get help paying my Medicare premiums?

No. Since January 1, 2010, federal law has barred states from recovering Medicare Savings Program help (Medicare premiums and cost sharing paid through QMB Plus, SLMB, QI-1 or QDWI) from your estate. Oklahoma's estate recovery applies to certain other SoonerCare services, such as nursing home and ADvantage care, received at age 55 or older.

The federal rule that protects Medicare Savings Program help

The Medicare Improvements for Patients and Providers Act of 2008 (MIPPA), section 115, changed the Medicaid estate recovery law, 42 U.S.C. § 1396p(b)(1)(B). Starting January 1, 2010, states may not recover "medical assistance for medicare cost-sharing" from the estates of people 55 and older. CMS told every state, in State Medicaid Director Letter #10-003, that this covers the Medicare cost sharing paid for QMB, SLMB, QI and QDWI members, including people with QMB Plus or SLMB Plus. Medicare cost sharing includes your Part A and Part B premiums, deductibles and coinsurance.

So the Part B premium OHCA pays for you each month (the standard amount is $202.90 in 2026) can't be claimed from your house after you die.

What Oklahoma's rule does cover

Oklahoma's rules (OAC 317:35-9-15 and OAC 317:35-19-4) apply to SoonerCare members who were 55 or older when they received care. They list the services OHCA seeks to recover:

  • Nursing facility services
  • Home and community-based services, such as the ADvantage waiver
  • Related hospital, prescription drug, physician and transportation services

CMS notes that the 2010 exemption doesn't exempt Medicare Savings Program members from all estate recovery. If you also get full SoonerCare and use those services at 55 or older, those SoonerCare payments can still be part of a claim.

Oklahoma's protections for your family and home

SituationWhat OHCA's rule says
Surviving spouseNo estate recovery until after the spouse dies
Child 20 or younger, or disabled child of any age, living in the homeNo lien on the home and no estate recovery while they live there
Sibling with an ownership share who lived there a year before admissionNo lien on the home
Long-Term Care Partnership policyAssets protected by the policy are not recovered
Undue hardshipA waiver may be granted by OKDHS

Tip: Fear of losing a home keeps some Oklahomans from applying. If you only need help with Medicare premiums and cost sharing, that help is protected. See how to apply and what QMB pays.

For questions about a specific estate, contact OHCA or an Oklahoma attorney. Read more in who pays for nursing homes and the Medicare Savings Programs guide. To review Medicare coverage from the companies they work with, you can request a call from a licensed insurance agent.

Sources

More questions in this guide

Part of the guide: Medicare Savings Programs in Oklahoma · All questions

Frequently asked questions

What does Oklahoma recover from estates?

OHCA's rule (OAC 317:35-9-15) seeks recovery for SoonerCare members who were 55 or older when they got care, for nursing facility services, home and community-based services, and related hospital, prescription drug, physician and transportation services.

Can Oklahoma put a lien on my home while I'm alive?

Only in limited cases. OHCA's rule allows a lien when, after notice and a chance for a hearing, it finds that a member in a nursing facility can't reasonably be expected to return home. No lien may be filed while a spouse, a child 20 or younger, a disabled child, or certain siblings live in the home.

Is my surviving spouse protected?

Yes. OHCA's rule says estate recovery may happen only after the death of any surviving spouse, and only when no child 20 or younger and no disabled child of any age lives in the home.

Can my family ask Oklahoma to waive recovery?

Yes. Oklahoma has an undue hardship waiver for cases where recovery would endanger someone's health or life or leave dependent family members without food, clothing or shelter. OKDHS decides and sends a written notice.

Talk with a licensed insurance agent

Find licensed insurance agents in Oklahoma on MedicareAgents.com.

Find an agent

Visit an insurance agency office in Oklahoma

These offices are independently owned by licensed insurance agents and agencies that work with Benefits Life, the publisher of this site. They are not Benefits Life offices. When they enroll you in a plan, the agency and Benefits Life may be paid by the insurance company. If you already have an agent, contact your agent for help with your plan. Learn more.

Integrity Insurance Group

6144 S Lewis Avenue, Suite 200, Tulsa, OK 74136

Hours: Mon–Fri 8 AM – 4:30 PM

Wheelchair accessible · Free parking · Video appointments available

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