Wyoming Statutes

Wyo. Stat. § 42-4-206 (2026)

Claims against estates.

✓ current as of May 2026

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(a) If an individual receives any medical assistance
pursuant to this chapter, upon the individual's death, if
single, or upon the death of the survivor of a married couple,
either of whom received medical assistance, the total amount
paid for medical assistance rendered for the individual or the
spouse shall be filed by the department of health as a claim
against the estate of the individual or the estate of the
surviving spouse in the court having jurisdiction to probate the
estate. A claim shall be filed if medical assistance was
rendered for either person under one (1) of the following
circumstances:

          (i) The person was fifty-five (55) years of age or
older when he received medical assistance; or

          (ii) The person was an inpatient in a nursing
facility, intermediate care facility for people with
intellectual disability or other medical institution when he
received medical assistance.

     (b) The claim shall be considered an expense of the last
illness of the decedent. Any statute of limitations which
attempts to limit the department of health to recover for
medical assistance provided pursuant to this chapter shall not
apply to any claim made under this section for reimbursement for
the medical assistance.

     (c) The claim shall include only the total amount of
medical assistance rendered after the individual attains fifty-
five (55) years of age or during a period of
institutionalization as described in paragraph (a)(ii) of this
section, and shall not include interest. A claim for medical
assistance rendered for the predeceased spouse, against the
estate of a surviving spouse who did not receive medical
assistance, is limited to the value of the assets of the estate
that were marital property or jointly owned property at any time
during the marriage.

     (d) If a decedent who was single, or who was the surviving
spouse of a married couple, is survived by a child who has not
attained twenty-one (21) years of age or is blind or permanently
and totally disabled as defined by 42 U.S.C. § 1382c, no claim
shall be filed against the estate.
    (e)   Repealed By Laws 2002, Ch. 39, § 2.

     (f) The department of health shall establish procedures,
in accordance with standards specified by the secretary of
health and human services, under which the department of health
shall waive the application of this section if application would
work an undue hardship on the basis of criteria established by
the secretary.

    (g)   As used in this section:

          (i) "Asset" means as defined under W.S.
42-2-401(a)(i);

          (ii) "Estate" shall include all real and personal
property and other assets included within the individual's
estate, as defined for purposes of this state's probate law, and
includes 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 that 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.

Notes of Decisions

Cited in 6 cases, 1997–2018 · leading case: The Est. of Joan M. Marusich v. State of Wyoming, Ex Rel., Dep't of Health, Off. of Healthcare Fin./Equalitycare, 2013 WY 150 (Wyo. 2013).

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The Est. of Joan M. Marusich v. State of Wyoming, Ex Rel., Dep't of Health, Off. of Healthcare Fin./Equalitycare, 2013 WY 150 (Wyo. 2013). · cites it 17× “However, § 4-10-402(e) also specifically states: "Nothing in this section shall be construed to limit or otherwise alter the authority granted to the department of health to assert a claim against an estate under W.S. 42-4-206 or to file a lien under W.S.”

James Thomas Gheen & Edward Dale Gheen v. State of Wyoming, Ex Rel., Dep't of Health, Div. of Healthcare Fin./Equalitycare, 2014 WY 70 (Wyo. 2014). · cites it 7× “" [¶17] The Gheen sons claim that, under Wyo.”

Knori v. State ex rel. Dep't of Health, Off. of Medicaid, 109 P.3d 905 (Wyo. 2005). · cites it 7× “Effective July 1, 1994, Wyoming passed Wyo. Stat. Ann. § 42-4-206 (LexisNexis 2003) to conform to OBRA requirements.”

TC & GC v. State (In re L-Mhb), 431 P.3d 560 (Wyo. 2018). · cites it 2× “3d at 923 (citing Wyo. Stat. Ann. §§ 42-4-206 and -207). Unless the legislature has given a " 'clear' indication that [it] wanted the requirement to be 'jurisdictional,' " Harmon , 2014 WY 90 , ¶ 48, 331 P.”

State Ex Rel. Dep't of Health, Div. of Health Care Fin. Ex Rel. Fin. Servs. Dir. v. Campbell, 950 P.2d 557 (Wyo. 1997). · cites it 8× “To that end, Wyo. Stat. § 42-4-206 (1997) relates to recovery of Medicaid payments from the estate of the recipient or his or her spouse.”

The Est. of Joan M. Marusich v. State of Wyoming, Ex Rel., Dep't of Health, Off. of Healthcare Fin./Equalitycare, 2013 WY 150 (Wyo. 2013). · cites it 17× “[¶11] Wyo. Stat. Ann. § 42-4-206 (LexisNexis 2013) states in relevant part: 2 Section 1346p(b) states in pertinent part: (4) For purposes of this subsection, the term “estate”, with respect to a deceased individual-- (A) shall include all real and personal property and other…”

— Wyo. Stat. § 42-4-206(a) — 2 cases

The Est. of Joan M. Marusich v. State of Wyoming, Ex Rel., Dep't of Health, Off. of Healthcare Fin./Equalitycare, 2013 WY 150 (Wyo. 2013). “However, § 4-10-402(e) also specifically states: "Nothing in this section shall be construed to limit or otherwise alter the authority granted to the department of health to assert a claim against an estate under W.S. 42-4-206 or to file a lien under W.S.”

The Est. of Joan M. Marusich v. State of Wyoming, Ex Rel., Dep't of Health, Off. of Healthcare Fin./Equalitycare, 2013 WY 150 (Wyo. 2013). “[¶11] Wyo. Stat. Ann. § 42-4-206 (LexisNexis 2013) states in relevant part: 2 Section 1346p(b) states in pertinent part: (4) For purposes of this subsection, the term “estate”, with respect to a deceased individual-- (A) shall include all real and personal property and other…”

— Wyo. Stat. § 42-4-206(b) — 1 case

State Ex Rel. Dep't of Health, Div. of Health Care Fin. Ex Rel. Fin. Servs. Dir. v. Campbell, 950 P.2d 557 (Wyo. 1997). “To that end, Wyo. Stat. § 42-4-206 (1997) relates to recovery of Medicaid payments from the estate of the recipient or his or her spouse.”

— Wyo. Stat. § 42-4-206(c) — 1 case

— Wyo. Stat. § 42-4-206(g) — 3 cases

James Thomas Gheen & Edward Dale Gheen v. State of Wyoming, Ex Rel., Dep't of Health, Div. of Healthcare Fin./Equalitycare, 2014 WY 70 (Wyo. 2014). “" [¶17] The Gheen sons claim that, under Wyo.”

— Wyo. Stat. § 42-4-206(g)(i) — 1 case

James Thomas Gheen & Edward Dale Gheen v. State of Wyoming, Ex Rel., Dep't of Health, Div. of Healthcare Fin./Equalitycare, 2014 WY 70 (Wyo. 2014). “" [¶17] The Gheen sons claim that, under Wyo.”

— Wyo. Stat. § 42-4-206(g)(if) — 1 case

— Wyo. Stat. § 42-4-206(g)(ii) — 2 cases

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