Page 253

UPDATED: JANUARY 2012

680.9

OTHER ELIGIBILITY REQUIREMENTS

RECOVERIES ESTATE RECOVERIES

limited to: the administrative cost of court action, the amount of Medicaid paid, the availability of assets from which to recover, and previous experience with the court.

Notice of Claim

Upon notification of the death of the Medicaid recipient or the surviving spouse of such individual, the local department of social services shall issue “Notice of Claim-Non Probate Assets” reproduced on district letterhead, “Medicaid Estate Recovery Questionnaire”, and “Important Information Regarding Medicaid Estate Recovery” to the fiduciary of the decedent’s estate, and, if applicable, to the person in possession of property or assets in which the decedent had any legal title or interest at the time of death.

NOTE: For estates with a fiduciary, the district should file its claim within seven months from the date the fiduciary is first appointed to probate the decedent’s will. If the district files its claim after this seven month period, the fiduciary will not be liable if he or she has in good faith paid other claims or distributed the estate.

MRG

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Page 253

Official source

UPDATED: JANUARY 2012

680.9

OTHER ELIGIBILITY REQUIREMENTS

RECOVERIES ESTATE RECOVERIES

limited to: the administrative cost of court action, the amount of Medicaid paid, the availability of assets from which to recover, and previous experience with the court.

Notice of Claim

Upon notification of the death of the Medicaid recipient or the surviving spouse of such individual, the local department of social services shall issue “Notice of Claim-Non Probate Assets” reproduced on district letterhead, “Medicaid Estate Recovery Questionnaire”, and “Important Information Regarding Medicaid Estate Recovery” to the fiduciary of the decedent’s estate, and, if applicable, to the person in possession of property or assets in which the decedent had any legal title or interest at the time of death.

NOTE: For estates with a fiduciary, the district should file its claim within seven months from the date the fiduciary is first appointed to probate the decedent’s will. If the district files its claim after this seven month period, the fiduciary will not be liable if he or she has in good faith paid other claims or distributed the estate.

MRG