loading…
loading…
loading…
Except as provided in par. (b), the department shall file a claim against the estate of a recipient, and against the estate of a nonrecipient surviving spouse, for all of the following, subject to the exclusion of any amounts under the Long-Term Care Partnership Program established under s. 49.45 (31), unless already recovered by the department under this section: 1. The amount of medical assistance paid on behalf of the recipient while the recipient resided in a nursing home or while the recipient was an inpatient in a hospital and was required to contribute to the cost of care. 2. The following medical assistance services paid on behalf of the recipient after the recipient attained 55 years of age: a. Home-based or community-based services under 42 USC 1396d (a) (7) and (8). am. All services provided to an individual while the individual is participating in a long-term care program. d. Personal care services under s. 49.46 (2) (b) 6. j.
The amount of medical assistance paid on behalf of the recipient while the recipient resided in a nursing home or while the recipient was an inpatient in a hospital and was required to contribute to the cost of care.
The following medical assistance services paid on behalf of the recipient after the recipient attained 55 years of age: a. Home-based or community-based services under 42 USC 1396d (a) (7) and (8). am. All services provided to an individual while the individual is participating in a long-term care program. d. Personal care services under s. 49.46 (2) (b) 6. j.
Home-based or community-based services under 42 USC 1396d (a) (7) and (8).
All services provided to an individual while the individual is participating in a long-term care program.
Personal care services under s. 49.46 (2) (b) 6. j.
The amount the department may claim against an estate of a recipient, or an estate of a nonrecipient surviving spouse, for services that are described under par. (a) 2. am. and that are provided by a managed long-term care program funded by capitated payments is equal to the amount of the capitated payment for the recipient.
The affidavit of a person designated by the secretary to administer this subsection is evidence of the amount of the claim.
1. Property that is subject to the department’s claim under par. (a) in the estate of a recipient or in the estate of a nonrecipient surviving spouse is all property of a decedent that is included in the estate. 2. There is a presumption, consistent with s. 766.31, which may be rebutted, that all property in the estate of a nonrecipient surviving spouse was marital property held with the recipient and that 100 percent of the property in the estate of the nonrecipient surviving spouse is subject to the department’s claim under par. (a).
Property that is subject to the department’s claim under par. (a) in the estate of a recipient or in the estate of a nonrecipient surviving spouse is all property of a decedent that is included in the estate.
There is a presumption, consistent with s. 766.31, which may be rebutted, that all property in the estate of a nonrecipient surviving spouse was marital property held with the recipient and that 100 percent of the property in the estate of the nonrecipient surviving spouse is subject to the department’s claim under par. (a).
The court shall reduce the amount of a claim under par. (a) by up to the amount specified in s. 861.33 (2) if necessary to allow the decedent’s heirs or the beneficiaries of the decedent’s will to retain the following personal property: 1. The decedent’s wearing apparel and jewelry held for personal use. 2. Household furniture, furnishings and appliances. 3. Other tangible personal property not used in trade, agriculture or other business, not to exceed in value the amount specified in s. 861.33 (1) (a) 4.
The decedent’s wearing apparel and jewelry held for personal use.
Household furniture, furnishings and appliances.
Other tangible personal property not used in trade, agriculture or other business, not to exceed in value the amount specified in s. 861.33 (1) (a) 4.
A claim under par. (a) is not allowable if the decedent has a surviving child who is under age 21 or disabled or a surviving spouse.
1. If the department’s claim is not allowable because of par. (b) and the estate includes an interest in any real property, including a home, the court exercising probate jurisdiction shall, in the final judgment or summary findings and order, assign the interest in the real property subject to a lien in favor of the department for the amount described in par. (a). The personal representative or petitioner for summary settlement or summary assignment of the estate shall record the final judgment as provided in s. 863.29, 867.01 (3) (h), or 867.02 (2) (h). 2. If the department’s claim is not allowable because of par. (b), the estate includes an interest in any real property, including a home, and the personal representative closes the estate by sworn statement under s. 865.16, the personal representative shall stipulate in the statement that the real property is assigned subject to a lien in favor of the department for the amount described in par. (a). The personal representative shall record the statement in the same manner as described in s. 863.29, as if the statement were a final judgment.
If the department’s claim is not allowable because of par. (b) and the estate includes an interest in any real property, including a home, the court exercising probate jurisdiction shall, in the final judgment or summary findings and order, assign the interest in the real property subject to a lien in favor of the department for the amount described in par. (a). The personal representative or petitioner for summary settlement or summary assignment of the estate shall record the final judgment as provided in s. 863.29, 867.01 (3) (h), or 867.02 (2) (h).
If the department’s claim is not allowable because of par. (b), the estate includes an interest in any real property, including a home, and the personal representative closes the estate by sworn statement under s. 865.16, the personal representative shall stipulate in the statement that the real property is assigned subject to a lien in favor of the department for the amount described in par. (a). The personal representative shall record the statement in the same manner as described in s. 863.29, as if the statement were a final judgment.
The department may not enforce a lien under par. (c) as long as any of the following survive the decedent: 1. A spouse. 2. A child who is under age 21 or disabled.
A spouse.
A child who is under age 21 or disabled.
All of the following apply to a lien under par. (c) that the department may not enforce because of par. (d): 1. If the decedent’s surviving spouse or child who is under age 21 or disabled refinances a mortgage on the real property, the lien is subordinate to the new encumbrance. 2. The department shall release the lien in the circumstances described in s. 49.849 (4) (c) 2.
If the decedent’s surviving spouse or child who is under age 21 or disabled refinances a mortgage on the real property, the lien is subordinate to the new encumbrance.
The department shall release the lien in the circumstances described in s. 49.849 (4) (c) 2.