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Direct specific questions about questionable allowable costs to ERP staff. 33.3.7 Patient Fund Account Nursing homes are required to notify ERP when a BadgerCare Plus member dies with money left in their nursing home patient fund account if they have no surviving spouse or minor or disabled child. ERP will claim from the nursing home any funds remaining in the patient account after payment of funeral and burial expenses and outstanding debts from the last month of illness that are not chargeable to BadgerCare Plus. 33.3.8 Native Americans Native Americans: Income, Resources and Property Exempt from BadgerCare Plus Estate Recovery The following income, resources, and property are exempt from BadgerCare Plus estate recovery: 1. Certain income and resources (such as interests in and income derived from Tribal land and other resources currently held in trust status and judgment funds from the Indian Claims Commission and the U.S. Claims Court) that are exempt from BadgerCare Plus estate recovery by other laws and regulations; 2. Ownership interest in trust or non-trust property, including real property and improvements: a. Located on a reservation (any federally recognized Indian Tribe’s reservation, Pueblo, or Colony, including former reservations in Oklahoma, Alaska Native regions established by Alaska Native Claims Settlement Act and Indian allotments) or near a reservation as designated and approved by the Bureau of Indian Affairs of the U.S. Department of the Interior; or b. For any federally recognized Tribe not described in (a), located within the most recent boundaries of a prior Federal reservation. c. Protection of non-trust property described in (a) and (b) is limited to circumstances when it passes from an Indian (as defined in section 4 of the Indian Health Care Improvement Act) to one or more relatives (by blood, adoption, or marriage), including Indians not enrolled as members of a Tribe and non-Indians, such as spouses and step- children, that their culture would nevertheless protect as family members; to a Tribe or Tribal organization; and/or to one or more Indians; 3. Income left as a remainder in an estate derived from property protected in #2 above, that was either collected by an Indian, or by a Tribe or Tribal organization and distributed to Indian(s), as long as the individual can clearly trace it as coming from the protected property. 4. Ownership interests left as a remainder in an estate in rents, leases, royalties, or usage rights related to natural resources (including extraction of natural resources or harvesting of timber, other plants and plant products, animals, fish, and shellfish) resulting from the exercise of Federally-protected rights, and income either collected by an Indian, or by a Tribe or Tribal organization and distributed to Indian(s) derived from these sources as long as the individual can clearly trace it as coming from protected sources; and 5. Ownership interests in or usage rights to items not covered by #1 through #4 above that have unique religious, spiritual, traditional, and/or cultural significance or rights that support subsistence or a traditional life style according to applicable Tribal law or custom Native Americans: Income, Resources and Property Not Exempt from BadgerCare Plus Estate Recovery