26-19-13.5 - Estate and trust recovery.
26-19-13.5. Estate and trust recovery.
(1) Upon a recipient's death, the department may recover from the recipient's estate andany trust, in which the recipient is the grantor and a beneficiary, medical assistance correctlyprovided for the benefit of the recipient when he was 55 years of age or older if, at the time ofdeath, the recipient has no:
(a) surviving spouse; or
(b) child:
(i) younger than 21 years of age; or
(ii) who is blind or permanently and totally disabled.
(2) (a) The amount of medial assistance correctly provided for the benefit of a recipientand recoverable under this section is a lien against the estate of the deceased recipient or any trustwhen the recipient is the grantor and a beneficiary.
(b) The lien holds the same priority as reasonable and necessary medical expenses of thelast illness as provided in Section 75-3-805.
(3) (a) The department shall perfect the lien by filing a notice in the court of appropriatejurisdiction for the amount of the lien, in the same manner as a creditor's claim is filed, prior tofinal distribution.
(b) The department may file an amended lien prior to the entry of the final order closingthe estate.
(4) Claims against a deceased recipient's inter vivos trust shall be presented inaccordance with Sections 75-7-509 and 75-7-510.
(5) Any trust provision that denies recovery for medical assistance is void at the time ofits making.
(6) Nothing in this section affects the right of the department to recover Medicaidassistance before a recipient's death under Section 26-19-4.5 or Section 26-19-13.7.
Amended by Chapter 72, 2004 General Session