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Medical Services Policy Manual, Section H

H 600 Estate Recovery

Administrators of nursing and ICF/IID facilities have been requested to submit copies of the completed DHS-703s or DHS-703As to county offices for new applicants who are under the age of 55. If the estimated duration of need for facility care is checked“permanent” on page 3 of the DHS- 703, or is checked “indefinite” on page 3 of the DHS-703A, the individual will be considered permanently institutionalized. If the DHS-703 or the DHS-703A has not been received prior to certification for services, a copy will be requested from the facility. Certification will not be delayed pending receipt of either form. The determination need not be made again as long as the individual resides in a facility. The DHS- 703 or DHS-703A will be indexed in the recipient’s electronic record to show that a determination of permanent institutionalization was made. Within 10 days of case closure due to the death of a Nursing Facility, ICF/IID, or Home and Community Based Waiver recipient, the caseworker will complete the “Report of Case Closure Due to Death (form DCO-734) and mail it to the Third Party Liability Unit, Decedents’ Estates, P. O. Box 1437, Slot S296, Little Rock, AR 72203-1437.

H-630 Recovery Procedures MS Manual 08/29/22 State law requires in most cases that the appointed personal representative of the estate of a deceased person shall promptly mail to the creditors of an estate, including the Department of Human Services (DHS), a copy of the notice of their appointment that has been published in the newspaper. The publishednotice is to include the requirement that all claims against the estate be submitted within six (6) months of the date of publication of the first notice. A copy of the petition for probate of a will or administration of an estate and the decedent’s Social Security number will be attached to the notice forwarded to DHS. After receiving notice of the opening of an estate or filing of an “Affidavit for the Collection of a Small Estate”, the TPL Unit will check the MMIS System to determine if the decedent received Health Care benefits in a nursing facility, ICF/IID facility, or under a home and community based waiver program. Property interest established by a properly executed and recorded beneficiary deed are not subject to estate recovery. TPL will not pursue recovery if: 1. There is a surviving spouse; 2. There are surviving minor children; 3. There are surviving children of any age who are blind or permanently and totally disabled as defined in 42 U.S.C. §§ 1381 et seq;