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For the past three years, Medicaid has been operating under special procedures mandated by the Public Health Emergency (PHE) in response to COVID. Before the pandemic, people were required to undergo periodic eligibility checks (known as redetermination) in order to remain on Medicaid. They may also have had to pay monthly premiums to “power accounts” to receive the highest level of coverage.

PHE paused those requirements to provide everyone under Medicaid with continuous coverage. Under PHE, states are not allowed to disenroll anyone from the program. Instead, Medicaid recipients have been automatically re-enrolled.

Now, the PHE is scheduled to end on May 11, 2023.

What Does this Mean for People in Indiana and Michigan?

While this has not affected Indiana or Michigan as much as other states, the eligibility of every current Medicaid recipient in the state will need to be re-evaluated over the next 12 months. It is our understanding that these evaluations will be done as a part of the standard annual redetermination process.

Normally, annual redeterminations are mostly routine, with the notice of approval for another 12-month period often arriving before the redetermination form is due back to FSSA. Because of the end of the PHE, we are expecting these redeterminations to be more involved and require more thorough responses.

The Federal government has estimated that as many as 15 million people nationwide may lose Medicaid coverage and that half of those will be terminated incorrectly. This is a process that is likely to require patience and preparation.

What Do I Need to Do?

If you’re currently enrolled in Medicaid, you can proactively update your information before your redetermination to ensure they have your correct contact information, as well as any changes in income or assets. You can go to the FSSA Benefits Portal to do so.

Keep a watch out for reminders. The state will send an explanation reminder letter 60 days before they mail out paperwork for eligibility checks, then redetermination letters 45 days before the due date. Enrollees are also given 90 days to come into compliance to regain eligibility.

We’re Here to Help

Everyone’s situation is unique, and, as always, we’re prepared to help you navigate these changes. If you have questions, concerns, or want to know more about how this may impact you and your estate plan, please reach out right away.

We have prepared a list of the documents that are likely to be needed to complete the redetermination. As a general rule, save copies of bank statements and any notices that reflect a change in income (Social Security, pension, etc.) These do not have to be originals; you can scan and store electronic copies.

In the meantime, we will continue to monitor any changes in Indiana, Michigan, and Federal law related to PHE and reach out to inform you of what’s happening.


Jennifer L. VanderVeen, Certified Elder Law Attorney & Partner, Tuesley Hall Konopa, LLP

Author: Jennifer L. VanderVeen is a certified elder law attorney (CELA) at THK Law, LLP where she counsels clients on long-term care planning, Medicare, Medicaid, veterans benefits applications, guardianships, special needs trusts, and complex estate planning issues. Jennifer frequently speaks to community groups on caregiver responsibilities and caregiver burnout. She is licensed to practice in Indiana and Michigan.

You can contact Jennifer by calling 574.232.3538 or email

Disclaimer: The THK Legal Blog is for informational purposes only and should not be relied upon as legal advice. In no case does the published material constitute an exhaustive legal study, and applicability to a particular situation depends upon an investigation of specific facts. You should consult an attorney for advice regarding your individual situation. All THK blogs are considered advertising material by the Indiana Bar Association.