§ 15-10-8. Support for certain patients of nursing facilities.
The uncompensated costs of care provided by a licensed nursing facility to any person
may be recovered by the nursing facility from any child of that person who is above
the age of eighteen (18) years, to the extent that the child previously received a
transfer of any interests or assets from the person receiving such care, which transfer
resulted in a period of Medicaid ineligibility imposed pursuant to 42 U.S.C. §â€‚1396p(c), as amended from time to time, on a person whose assets have been transferred for
less than fair market value.
Recourse hereunder shal
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§ 15-10-8. Support for certain patients of nursing facilities.
The uncompensated costs of care provided by a licensed nursing facility to any person
may be recovered by the nursing facility from any child of that person who is above
the age of eighteen (18) years, to the extent that the child previously received a
transfer of any interests or assets from the person receiving such care, which transfer
resulted in a period of Medicaid ineligibility imposed pursuant to 42 U.S.C. §â€‚1396p(c), as amended from time to time, on a person whose assets have been transferred for
less than fair market value.
Recourse hereunder shall be limited to the fair market value of the interests or assets
transferred at the time of transfer. For the purposes of this section "the costs of
care� shall mean the costs of providing care, including nursing care, personal care,
meals, transportation and any other costs, charges, and expenses incurred by the facility.
Costs of care shall not exceed the customary rate the nursing facility charges to
a patient who pays for his or her care directly rather than through a governmental
or other third party payor. Nothing contained in this section shall prohibit or otherwise
diminish any other causes of action possessed by any such nursing facility. The death
of the person receiving nursing facility care shall not nullify or otherwise affect
the liability of the person or persons charged with the costs of care hereunder.