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1. The beneficiary or their parent/guardian/responsible person acting on behalf of the beneficiary may request the reconsideration review in writing by completing the back page of the DHB-5053, Your Estate Is Subject to Estate Recovery.

2. The request is forwarded to the Department of Health and Human Services (DHHS) Office of Administrative Hearings (OAH) within 30 calendar days of the date of the DHB-5053, Your Estate Is Subject to Estate Recovery.

3. If the request is forwarded to the local agency, the local agency must send the request, including evidence supporting the county’s decision, to the DHHS OAH within 30 calendar days of receipt of the request for a reconsideration review.

4. Within 30 calendar days of receipt of reconsideration review, the OAH shall establish a reconsideration date and conduct a review of:

a. All evidence considered by the local agency in making a determination of permanent institutionalization, and

b. Information provided to the OAH, in writing or by telephone conference with the beneficiary or an individual acting on the behalf of the beneficiary.

5. The estate recovery administrator notifies the beneficiary or parent/ guardian/responsible person acting on behalf of the beneficiary in writing within 15 calendar days of the date of the reconsideration review.

a. If the beneficiary disagrees with the decision of the reconsideration review, they may appeal to the Office of Administrative Hearings (OAH) within 60 calendar days from receipt of the reconsideration review decision.

b. If no appeal to OAH is filed, the decision is final.

IV. ESTATE RECOVERY PROCEDURES WHEN A BENEFICIARY DIES

A. When a County Learns of the Death of a Beneficiary

1. Update the “Birth and Death Details” evidence in NC FAST. For instructions, refer to NC FAST Job Aid, “Process Estate Recovery”.

2. Close the Product Delivery Case (PDC) of the deceased beneficiary.

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