§ 40-5-13. Obligation of kindred for support.
(a) The kindred of any poor person, if any he or she shall have in the line or degree
of father or grandfather, mother or grandmother, children or grandchildren, by consanguinity,
or children by adoption, living within this state and of sufficient ability, shall
be holden to support the pauper in proportion to their ability.
(b) The uncompensated costs of care provided by a licensed nursing facility to any person
may be recovered by the nursing facility from any person who is obligated to provide
support to that patient under subsection (a) hereof, to the extent
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§ 40-5-13. Obligation of kindred for support.
(a) The kindred of any poor person, if any he or she shall have in the line or degree
of father or grandfather, mother or grandmother, children or grandchildren, by consanguinity,
or children by adoption, living within this state and of sufficient ability, shall
be holden to support the pauper in proportion to their ability.
(b) The uncompensated costs of care provided by a licensed nursing facility to any person
may be recovered by the nursing facility from any person who is obligated to provide
support to that patient under subsection (a) hereof, to the extent that the individual
so obligated received a transfer of any interests or assets from the patient 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.