The South Carolina Department of Health and Human Services (SCDHHS) gives notice of the following actions regarding the estate recovery undue hardship waiver requirements under the State Plan under Title XIX of the Social Security Act Medical Assistance Program (Medicaid).

Effective on or after Aug. 1, 2025, SCDHHS will amend the South Carolina Title XIX State Plan to address the estate recovery undue hardship waiver requirements and remove the definition of a disabled child to avoid duplicative language in the State Plan. In 1993, the United States Congress passed a law requiring every state to establish a Medicaid Estate Recovery program. The purpose of this program is to recover funds paid by SCDHHS from a South Carolina Medicaid member's estate for claims related to hospice, community long term care and nursing home care. The assets of the estate must be valued at more than $25,000 and the Medicaid claims paid must exceed $500 for SCDHHS to be able to recoup funds.

In certain circumstances, an undue hardship waiver may be granted to individuals who meet the State Plan definition of immediate family member. This policy change will expand the undue hardship waiver requirements of the immediate family member definition to include grandchild.

Based on the actions above, SCDHHS does not anticipate a budget impact for this policy change.

Copies of this notice are available at each South Carolina Healthy Connections Medicaid county office and at www.scdhhs.gov for public review. Additional information regarding these actions is available upon request at the address cited below.

Any written comments submitted may be reviewed by the public at SCDHHS, Office of Third Party Liability, 1801 Main St., Columbia, SC, Monday through Friday between the hours of 9 a.m. and 5 p.m.

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