Indiana Statutes
§ 12-15-9-1 — Amount of claim; preference
Upon the death of a Medicaid recipient, the total amount of Medicaid paid on behalf of the recipient after the recipient became fifty-five (55) years of age must be allowed as a preferred claim against the estate of the recipient in favor of the state. The affidavit of a person designated by the secretary to administer this section is evidence of the amount of the claim and is payable after the payment of the following in accordance with IC 29-1-14-9:
(1)Funeral expenses for the recipient, not to exceed three
hundred fifty dollars ($350).
(2)The expenses of the last illness of the recipient that are
authorized or paid by the office.
(3)The expenses of administering the estate, including the
attorney's fees approved by the court.
[Pre-1992 Revision Citation: 12-1-7-25(a).]
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Related
State Ex Rel. Family & Social Services Administration v. Estate of Roy
963 N.E.2d 78 (Indiana Court of Appeals, 2012)
State of Indiana ex rel. Family and Social Services Administration v. Estate of Phillip Roy
(Indiana Court of Appeals, 2012)
Legislative History
As added by P.L.2-1992, SEC.9. Amended by P.L.152-1995,
SEC.6; P.L.246-2005, SEC.108; P.L.149-2012, SEC.4.
Nearby Sections
15
§ 12-10-1-1
Establishment of bureau§ 12-10-1-2
Purpose§ 12-10-1-3
Administration of programs§ 12-10-1-4
Duties§ 12-10-1-5
Coordination of services with area agencies§ 12-10-1-6
Area agencies; duties; coverage area changes§ 12-10-10-1
"Case management"§ 12-10-10-1.5
"Activities of daily living"§ 12-10-10-10
Services funding; source§ 12-10-10-12
Negotiation of reimbursement rates§ 12-10-10-2
"Community and home care services"