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4. Division of Health Benefits (DHB), Third Party Recovery Section (TPR) is responsible for collection activities after a claim is filed against the estate.

5. TPR works directly with the representative/administrator of the estate to ensure claims against an estate are paid to the extent the assets are available and in accordance with the order of payment in state law.

6. Medicaid is a sixth-class creditor.

7. The caseworker must explain estate recovery to the applicant/beneficiary (a/b) or their representative at application and/or recertification when applicable (in-person or telephone contact). This includes all individuals who are:

a. Age 55 and older in any aid program including SA.

b. Under age 55 applying for Long-Term Care (LTC).

8. A qualified Long-Term Care Partnership policy provides the insured a resource disregard at application for LTC Medicaid or CAP and provides resource protection at estate recovery.

a. The amount of the resource disregard is up to the amount paid out on behalf of the insured from the qualified Long-Term Care Partnership policy as of the date of application for LTC or CAP Medicaid.

b. The resource protection at estate recovery is equal to the amount paid out by the policy on behalf of the insured as of the date of application for LTC or CAP Medicaid.

c. Refer to MA-2230, Financial Resources, for instructions on how to calculate the resource disregard.

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