How long does NY state(HMS) have to file a claim for Medicaid estate recovery?

The simple answer is that Medicaid has 6 years to collect although how long ago the services were provided and your mother's age at the time the services were provided can affect the answer to your question. However, to keep it simple, assume 6 years from the date the services were provided.

I generally agree with my colleagues' answers; however, in regard to a Medicaid claim against an estate proceeding, a claim would need to be filed with Surrogate's Court which was typically done by the Erie County Department of Social Services within 7 months of an estate fiduciary being appointed. If a claim against an estate is not presented on a timely basis, the assets can be distributed and the estate closed preventing the county from being reimbursed. If no estate is opened, then no claim can be filed as surviving family members are not responsible for payment. You should seek the advice of an estate attorney to help review what form you completed and to advise you on how to proceed.