§ 42-4-206 — Claims against estates

(a) If an individual receives any medical assistance
pursuant to this chapter, upon the individual's death, if
single, or upon the death of the survivor of a married couple,
either of whom received medical assistance, the total amount
paid for medical assistance rendered for the individual or the
spouse shall be filed by the department of health as a claim
against the estate of the individual or the estate of the
surviving spouse in the court having jurisdiction to probate the
estate. A claim shall be filed if medical assistance was
rendered for either person under one (1) of the following
circumstances:
(i) The person was fifty-five (55) years of age or
older when he received medical assistance; or
(ii) The person was an inpatient in a nursing
facility, intermediate care facility for people with
intellectual disability or other medical institution when he
received medical assistance.
(b) The claim shall be considered an expense of the last
illness of the decedent. Any statute of limitations which
attempts to limit the department of health to recover for
medical assistance provided pursuant to this chapter shall not
apply to any claim made under this section for reimbursement for
the medical assistance.
(c) The claim shall include only the total amount of
medical assistance rendered after the individual attains fifty-
five (55) years of age or during a period of
institutionalization as described in paragraph (a)(ii) of this
section, and shall not include interest. A claim for medical
assistance rendered for the predeceased spouse, against the
estate of a surviving spouse who did not receive medical
assistance, is limited to the value of the assets of the estate
that were marital property or jointly owned property at any time
during the marriage.
(d) If a decedent who was single, or who was the surviving
spouse of a married couple, is survived by a child who has not
attained twenty-one (21) years of age or is blind or permanently
and totally disabled as defined by 42 U.S.C. § 1382c, no claim
shall be filed against the estate.
(e) Repealed By Laws 2002, Ch. 39, § 2.
(f) The department of health shall establish procedures,
in accordance with standards specified by the secretary of
health and human services, under which the department of health
shall waive the application of this section if application would
work an undue hardship on the basis of criteria established by
the secretary.
(g) As used in this section:
(i) "Asset" means as defined under W.S.
42-2-401(a)(i);
(ii) "Estate" shall include all real and personal
property and other assets included within the individual's
estate, as defined for purposes of this state's probate law, and
includes any other real and personal property and other assets
in which the individual had any legal title or interest at the
time of death to the extent of that interest, including such
assets conveyed to a survivor, heir or assign of the deceased
individual through joint tenancy, tenancy in common,
survivorship, life estate, living trust or other arrangement.