How do I confirm that Medicaid received our waiver submission? – North Carolina

Short Answer

In North Carolina, the most reliable way to confirm that Medicaid received an undue hardship waiver submission is to use a delivery method that creates a time-stamped record (such as a fax transmission confirmation, an email “sent” record plus a follow-up written acknowledgment request, or certified mail if allowed) and then promptly request a written receipt confirmation from the Medicaid unit handling the estate recovery matter. If a response does not arrive within a reasonable time, a follow-up call and a re-send with clear labeling (including the case number and county) can help avoid a missed deadline.

Understanding the Problem

In North Carolina probate-related Medicaid estate recovery matters, a personal representative or the representative’s attorney may need to submit an “undue hardship waiver” request to the Medicaid recovery unit. The practical issue is not whether the waiver can be submitted, but how to confirm that Medicaid actually received the submission after it was sent by fax or email, especially when the instructions require a specific subject line that includes the case number and the county or jurisdiction.

Apply the Law

North Carolina law requires the Department of Health and Human Services to operate a Medicaid Estate Recovery Plan and to adopt rules that include when the Department may waive recovery if collection would create an undue hardship. In practice, proving that a waiver request was delivered and when it was delivered matters because many Medicaid-related requests run on short clocks that start with a written notice or a receipt date. A submission confirmation is typically created by (1) a transmission record and (2) a written acknowledgment from the receiving office.

Key Requirements

Use a verifiable delivery method: Send the waiver in a way that creates a date-and-time record showing where it went (fax confirmation page, email sent record, or another trackable delivery option permitted by the program).
Identify the submission clearly: Label the request so it can be routed correctly, including the Medicaid case number and the county/jurisdiction exactly as instructed.
Create a written “receipt trail”: Request written confirmation of receipt from the Medicaid unit (email reply acknowledging receipt, written letter, or other acknowledgment) and keep it in the estate’s file.

What the Statutes Say

N.C. Gen. Stat. § 108A-70.5 (Medicaid Estate Recovery Plan) – Establishes the State’s estate recovery program and directs DHHS to implement it, including rules addressing undue hardship waivers.

Analysis

Apply the Rule to the Facts: Here, counsel confirmed the correct email address and the required subject line format (including the case number and jurisdiction) and no other steps were requested on the call. Because a waiver request can be time-sensitive, the goal is to create proof that the submission went to the correct destination, was properly identified for routing, and was received by the Medicaid unit that processes estate recovery waivers.

Process & Timing

Who files: The estate’s personal representative (or the personal representative’s attorney). Where: The North Carolina Medicaid/DHHS unit handling the estate recovery matter (often within the Division of Health Benefits or its third-party recovery function). What: The undue hardship waiver request and supporting documents, labeled with the Medicaid case number and county/jurisdiction as instructed. When: Send promptly after the triggering notice or request; if a notice provides a deadline, treat that deadline as controlling.
Get transmission proof: If sent by fax, print and save the fax confirmation showing the destination number, date/time, and number of pages transmitted. If sent by email, save the sent email (including attachments) and request a reply acknowledging receipt.
Request written acknowledgment and calendar follow-up: If no acknowledgment arrives within a short, reasonable window, send a follow-up email (or re-fax) referencing the earlier submission and asking for confirmation that the waiver was received and is under review. Keep all confirmations in the estate file.

Exceptions & Pitfalls

Subject line or routing errors: If the email subject line does not match the required format (for example, missing the case number or county), the submission may be misrouted or delayed. Saving a copy of the exact subject line used helps prove correct submission.
Attachment problems: Emails can fail because attachments are blocked, corrupted, or exceed size limits. A best practice is to send PDFs, keep file sizes manageable, and verify that the sent message shows the attachments.
No proof of delivery: A “sent” email does not always prove receipt. A fax confirmation is stronger delivery evidence, and a written acknowledgment from the receiving office is best.
Waiting too long to follow up: Medicaid timelines can be short in other contexts under North Carolina law, so delaying the follow-up can create avoidable deadline risk even when the initial submission was timely.

Conclusion

In North Carolina, confirming receipt of a Medicaid undue hardship waiver submission usually means creating two records: a time-stamped transmission record (fax confirmation or saved sent email with attachments) and a written acknowledgment from the Medicaid office handling the estate recovery matter. Because Medicaid deadlines can run from written notices and receipt dates, the safest next step is to request written confirmation of receipt immediately after sending the waiver and to follow up quickly if no acknowledgment arrives.

Talk to a Probate Attorney

If a Medicaid estate recovery case requires an undue hardship waiver and there is concern about proving the waiver was received, our firm has experienced attorneys who can help clarify the submission steps, build a clean proof-of-filing record, and track timelines. Call us today at (919) 341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.