§ 20-76-436 — Recovery of benefits from recipients' estates

(a) (1) Federal or state benefits in cash or in kind, including, but not limited to, Medicaid, Aid to Families with Dependent Children [abolished], Transitional Employment Assistance Program, Temporary Assistance for Needy Families, and food stamps distributed or paid by the Department of Human Services as well as charges levied by the department for services rendered shall upon the death of the recipient constitute a debt to be paid. (2) The department may make a claim against the estate of a deceased recipient for the amount of any benefits distributed or paid or charges levied by the department. (b) (1) The department shall not seek recovery against the estate of a deceased recipient for the amount of any benefits distributed or paid or charges levied if the recovery is not cost effective or if the recovery causes an undue hardship on the heirs or devisees of the decedent's estate. (2) In determining the existence of an undue hardship, the department shall consider factors including without limitation the following: (A) The asset subject to recovery is the sole income-producing asset of a beneficiary of the estate; (B) Without receipt of the proceeds of the estate, a beneficiary would become eligible for federal or state benefits; (C) Allowing the beneficiary to receive the inheritance from the estate would enable the beneficiary to discontinue eligibility for federal or state benefits; (D) The asset subject to recovery is a home with a value of fifty percent (50%) or less of the average price of a home in the county where the homestead is located, as of the date of the deceased recipient's death; or (E) There are other compelling circumstances. (c) To the extent that there is a conflict between the criteria listed in subsection (b) of this section and the standards that may be specified by the United States Secretary of Health and Human Services, the federal standards shall prevail. (d) Applicants for federal or state benefits shall be notified in writing in prominent type on the application form that the department may make a claim against their estate.

Legislative History

Amended by Act 2021, No. 570,§ 2, eff. 7/28/2021. Acts 1993, No. 415, § 1; 1997, No. 957, § 1; 1997, No. 1058, § 25; 2001, No. 1480, § 1; 2007, No. 243, § 2.