SECTION .0400 - FILING AND COLLECTION OF CLAIMS AGAINST ESTATE
10A NCAC 21D .0401 FILING CLAIM AGAINST ESTATE
(a) Within 60 days after the date of a recipient's death,
the Division of Medical Assistance or its fiscal agent shall produce a claim
document summarizing all Medicaid payments subject to recovery as stated in
Rules .0301 and .0302 of this Subchapter.
(b) The claim shall be mailed to the county department of
social services from which the individual received Medicaid.
(c) Following a determination that the recipient is not
survived by any of the relatives listed in Section .0100 of this Subchapter,
the county department of social services shall file the claim by certified mail
with the individual who has been named to administer the estate and shall send
a copy to the clerk of court for his records. At the time the claim is filed
the administrator shall be notified that recovery will be waived if the assets
in the estate are below five thousand dollars ($5,000), and of the procedures
for requesting a determination of undue hardship.
(d) The claim shall be filed regardless of whether an
appeal or determination of permanent institutionalization status has been
(e) If an administrator of the decedent's estate has not
been appointed at the time the claim is received in the county, within 30
calendar days the county shall request the name of the administrator from the
clerk of court and shall file the claim directly with the clerk of court if no
appointment has been made.
(f) At any time that the county department of social
services determines that the decedent is survived by any of the relatives
listed in Section .0100 of this Chapter or that the decedent does not have an
estate, it shall notify the Division of Medical Assistance to cease recovery
History Note: Authority G.S. 108A-70.5; 42 U.S.C.
Temporary Adoption Eff. May 6, 1996 to expire on July 1,
1996, or the last day of the 1996 session of the General Assembly, whichever is
Temporary Rule Expired on July 1, 1996;
Eff. July 1, 1996.