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

decided.

(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

efforts.

 

History Note:        Authority G.S. 108A-70.5; 42 U.S.C.

1396p.;

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

later;

Temporary Rule Expired on July 1, 1996;

Eff. July 1, 1996.