36-2935

36-2935. Estate recovery program;
liens

A. The director shall adopt rules in accordance with state and federal law to allow
the administration to file a claim against a member's estate to recover paid
assistance. The administration is also entitled to a lien on a member's property to
recover paid assistance the member receives.

B. A member's personal representative must notify the administration of the
member's estate or property within three months after the member's death if the member
was at least fifty-five years of age and the administration has not already filed a
statement of claim in the estate proceedings.

C. As nearly as is possible, the administration shall recover charges pursuant to
the procedures prescribed in sections 36-2915 and 36-2916. If both the administration
and a county have valid liens for paid assistance provided to the same member, or if both
the administration and a special health care district have valid claims for paid
assistance provided to the same member, the value of the property shall be divided
between the administration, the special health care district and the county pro rata
according to the amounts of their respective liens.

D. The administration shall impose liens in a manner consistent with federal law.

E. This section also applies to persons who are eligible pursuant to section
36-2901, paragraph 6, subdivision (a) and who receive medical assistance under article 1
of this chapter.