§ 40-8-15 Lien on deceased recipient'sestate for assistance. – (a) Upon the death of a recipient of medical assistance under Title XIX of thefederal Social Security Act, 42 U.S.C. § 1396 et seq., the total sum ofmedical assistance so paid on behalf of a recipient who was fifty-five (55)years of age or older at the time of receipt of the assistance shall be andconstitute a lien upon the estate, as defined herein, of the recipient in favorof the department of human services. The lien shall not be effective and shallnot attach as against the estate of a recipient who is survived by a spouse, ora child who is under the age of twenty-one (21), or a child who is blind orpermanently and totally disabled as defined in Title XVI of the federal SocialSecurity Act, 42 U.S.C. § 1381 et seq. The lien shall not be effective andshall not attach as against a recipient's estate, which has been admitted forprobate administration unless the department has filed a claim forreimbursement in the probate court in accordance with § 33-11-5 or otherapplicable law. For purposes of this section, the term "estate" with respect toa deceased individual shall include all real and personal property and otherassets included or includable within the individual's probate estate.
(b) The department is authorized to promulgate regulations toimplement the terms, intent, and purpose of this section and to require thelegal representative(s) and/or the heirs-at-law of the decedent to providereasonable written notice to the department of the death of a recipient ofmedical assistance who was fifty-five (55) years of age or older at the date ofdeath, and to provide a statement identifying the decedent's property and thenames and addresses of all persons entitled to take any share or interest ofthe estate as legatees or distributees thereof.
(c) The amount of medical assistance reimbursement imposedunder this section shall also become a debt to the state from the person orentity liable for the payment thereof.
(d) Upon payment of the amount of reimbursement for medicalassistance imposed by this section, the director of the department of humanservices, or his or her designee, shall issue a written discharge of lien.
(e) Upon application to the director and a determination bythe director that the lien is either inapplicable or that no reimbursement formedical assistance is due with respect to the estate, the director shall issuea written discharge of lien.
(f) Provided, however, that no lien created under thissection shall attach nor become effective upon any real property unless anduntil a statement of claim is recorded naming the debtor/owner of record of theproperty as of the date and time of recording of the statement of claim, anddescribing the real property by a description containing all of the following:(1) tax assessor's plat and lot; and (2) street address. The statement of claimshall be recorded in the records of land evidence in the town or city where thereal property is situated.
(g) The department of human services shall establishprocedures, in accordance with the standards specified by the secretary, U.S.Department of Health and Human Services, under which the department of humanservices shall waive, in whole or in part, the lien and reimbursementestablished by this section if such lien and reimbursement would work an unduehardship, as determined by the department, on the basis of the criteriaestablished by the secretary in accordance with 42 U.S.C. § 1396p(b)(3).
§ 40-8-15 Lien on deceased recipient'sestate for assistance. – (a) Upon the death of a recipient of medical assistance under Title XIX of thefederal Social Security Act, 42 U.S.C. § 1396 et seq., the total sum ofmedical assistance so paid on behalf of a recipient who was fifty-five (55)years of age or older at the time of receipt of the assistance shall be andconstitute a lien upon the estate, as defined herein, of the recipient in favorof the department of human services. The lien shall not be effective and shallnot attach as against the estate of a recipient who is survived by a spouse, ora child who is under the age of twenty-one (21), or a child who is blind orpermanently and totally disabled as defined in Title XVI of the federal SocialSecurity Act, 42 U.S.C. § 1381 et seq. The lien shall not be effective andshall not attach as against a recipient's estate, which has been admitted forprobate administration unless the department has filed a claim forreimbursement in the probate court in accordance with § 33-11-5 or otherapplicable law. For purposes of this section, the term "estate" with respect toa deceased individual shall include all real and personal property and otherassets included or includable within the individual's probate estate.
(b) The department is authorized to promulgate regulations toimplement the terms, intent, and purpose of this section and to require thelegal representative(s) and/or the heirs-at-law of the decedent to providereasonable written notice to the department of the death of a recipient ofmedical assistance who was fifty-five (55) years of age or older at the date ofdeath, and to provide a statement identifying the decedent's property and thenames and addresses of all persons entitled to take any share or interest ofthe estate as legatees or distributees thereof.
(c) The amount of medical assistance reimbursement imposedunder this section shall also become a debt to the state from the person orentity liable for the payment thereof.
(d) Upon payment of the amount of reimbursement for medicalassistance imposed by this section, the director of the department of humanservices, or his or her designee, shall issue a written discharge of lien.
(e) Upon application to the director and a determination bythe director that the lien is either inapplicable or that no reimbursement formedical assistance is due with respect to the estate, the director shall issuea written discharge of lien.
(f) Provided, however, that no lien created under thissection shall attach nor become effective upon any real property unless anduntil a statement of claim is recorded naming the debtor/owner of record of theproperty as of the date and time of recording of the statement of claim, anddescribing the real property by a description containing all of the following:(1) tax assessor's plat and lot; and (2) street address. The statement of claimshall be recorded in the records of land evidence in the town or city where thereal property is situated.
(g) The department of human services shall establishprocedures, in accordance with the standards specified by the secretary, U.S.Department of Health and Human Services, under which the department of humanservices shall waive, in whole or in part, the lien and reimbursementestablished by this section if such lien and reimbursement would work an unduehardship, as determined by the department, on the basis of the criteriaestablished by the secretary in accordance with 42 U.S.C. § 1396p(b)(3).
§ 40-8-15 Lien on deceased recipient'sestate for assistance. – (a) Upon the death of a recipient of medical assistance under Title XIX of thefederal Social Security Act, 42 U.S.C. § 1396 et seq., the total sum ofmedical assistance so paid on behalf of a recipient who was fifty-five (55)years of age or older at the time of receipt of the assistance shall be andconstitute a lien upon the estate, as defined herein, of the recipient in favorof the department of human services. The lien shall not be effective and shallnot attach as against the estate of a recipient who is survived by a spouse, ora child who is under the age of twenty-one (21), or a child who is blind orpermanently and totally disabled as defined in Title XVI of the federal SocialSecurity Act, 42 U.S.C. § 1381 et seq. The lien shall not be effective andshall not attach as against a recipient's estate, which has been admitted forprobate administration unless the department has filed a claim forreimbursement in the probate court in accordance with § 33-11-5 or otherapplicable law. For purposes of this section, the term "estate" with respect toa deceased individual shall include all real and personal property and otherassets included or includable within the individual's probate estate.
(b) The department is authorized to promulgate regulations toimplement the terms, intent, and purpose of this section and to require thelegal representative(s) and/or the heirs-at-law of the decedent to providereasonable written notice to the department of the death of a recipient ofmedical assistance who was fifty-five (55) years of age or older at the date ofdeath, and to provide a statement identifying the decedent's property and thenames and addresses of all persons entitled to take any share or interest ofthe estate as legatees or distributees thereof.
(c) The amount of medical assistance reimbursement imposedunder this section shall also become a debt to the state from the person orentity liable for the payment thereof.
(d) Upon payment of the amount of reimbursement for medicalassistance imposed by this section, the director of the department of humanservices, or his or her designee, shall issue a written discharge of lien.
(e) Upon application to the director and a determination bythe director that the lien is either inapplicable or that no reimbursement formedical assistance is due with respect to the estate, the director shall issuea written discharge of lien.
(f) Provided, however, that no lien created under thissection shall attach nor become effective upon any real property unless anduntil a statement of claim is recorded naming the debtor/owner of record of theproperty as of the date and time of recording of the statement of claim, anddescribing the real property by a description containing all of the following:(1) tax assessor's plat and lot; and (2) street address. The statement of claimshall be recorded in the records of land evidence in the town or city where thereal property is situated.
(g) The department of human services shall establishprocedures, in accordance with the standards specified by the secretary, U.S.Department of Health and Human Services, under which the department of humanservices shall waive, in whole or in part, the lien and reimbursementestablished by this section if such lien and reimbursement would work an unduehardship, as determined by the department, on the basis of the criteriaestablished by the secretary in accordance with 42 U.S.C. § 1396p(b)(3).
