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The caseworker is responsible for explaining estate recovery to the applicant when the application is completed in person or by telephone.

NC FAST systematically generates and mails the DHB-5051/DHB-5051sp when the application is authorized, however, the caseworker may generate the form in NC FAST pro- forma if needed.

If the individual chooses not to apply for Medicaid or withdraws their application after learning of possible estate recovery, treat it as an inquiry or withdrawal. Follow application processing rules. 1. Who is subject to estate recovery, and

2. What Medicaid payments are subject to recovery, and

3. Medicaid does not recover prior to the death of the beneficiary, and

4. Medicaid never recovers more than what was paid by Medicaid on an individual’s behalf, and

5. Estate Recovery Waiver rules.

6. Appeal rights. If the beneficiary or representative has other questions regarding Estate Recovery, refer them to Third Party Recovery. Assets Subject to Estate Recovery There are certain assets that may be subject to Estate Recovery at the time of the beneficiary’s death. Assets subject to recovery may include:

1. Real property: such as the beneficiary’s home site, income-producing property, Tenancy-In-Common, and life estates. Please note: When a life estate is measured by the life of someone other than the beneficiary who owns the life estate, the life estate does not end at the time of the death of the beneficiary but continues until the death of the person on whose life the life estate is measured. As a result, the life estate, in this situation is an asset that is subject to claims against the estate of the beneficiary.

2. Personal property: such as motor vehicles and home furnishings, and

Same as Group 1 DocuSign Envelope ID: FDC5A36F-C20D-40ED-8E94-3167F2A747A6 DocuSign Envelope ID: 9CB30F35-4CFE-41A3-8663-00DA59A946C6