SUBCHAPTER 21D - ESTATE RECOVERY

 

SECTION .0100 - RECIPIENTS SUBJECT TO ESTATE RECOVERY

 

10A NCAC 21D .0101       NOTICE OF ESTATE RECOVERY

(a)  An individual who applies for Medicaid coverage for cost of care shall be given a written notice that a claim may be filed against their estate, if one exists, to recover Medicaid payments made on his behalf.

(b)  Notice shall be on a form prescribed by the Division of Medical Assistance and shall explain:

(1)           The types of Medicaid payments subject to estate recovery;

(2)           That recovery will not be claimed if the individual is survived by a legal spouse, child(ren) under age 21 or blind or disabled child(ren) of any age who became blind or disabled before age 21 and still live on the property of the individual;

(3)           That estate recovery is limited to recipients age 55 and over who receive certain Medicaid services or to recipients who are permanently institutionalized; and

(4)           That recovery may be waived in the case of undue hardship.

 

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.