Kan. Admin. Regs. § 129-6-150 - Estate recovery
(a)
Pursuant to
K.S.A.
39-709 and amendments thereto and this
regulation, each recipient's real and personal property or estate shall be
subject to the recovery of the cost of all medical assistance provided on the
recipient's behalf. By applying for and receiving medical assistance, the
recipient shall agree to the department's use of liens against the recipient's
property, claims against the recipient's estate, agreements with heirs, and any
other collection method allowed by Kansas statutes.
(b) The amount of any medical assistance paid
on behalf of a recipient after June 30, 1992 shall be a claim against the
property or estate of a deceased recipient, subject to whether the medical
assistance was correctly paid on behalf of an eligible recipient.
(1) If the medical assistance was correctly
paid on behalf of an eligible recipient, the department's claim against the
recipient's estate shall be restricted to medical assistance paid when the
recipient met either of the following conditions:
(A) Was 55 years of age or older;
or
(B) was admitted as an inpatient
in a long-term care facility, including a PACE institutional
arrangement.
(2) If the
medical assistance was incorrectly paid on behalf of an ineligible recipient,
the department's claim shall be the total amount of assistance paid on behalf
of the ineligible recipient.
(c) The recipient's estate shall not be
subject to the department's claim for correctly paid medical assistance
benefits if one of the following individuals survives for at least six months
after the recipient's death:
(1) A spouse;
or
(2) a child who is under 21
years of age or who meets the disability criteria of K.A.R. 129-6-85(b) or
(c).
(d) If a deceased
recipient is survived by a spouse, all claims for correctly paid medical
assistance benefits that have been paid on behalf of the deceased recipient
shall be filed against the estate of the surviving spouse.
(e) The recipient may be subject to the
imposition of a lien by the department on the recipient's real property before
the recipient's death pursuant to
K.S.A.
39-709, and amendments thereto.
(f) For a deceased recipient, the real
property of the recipient may be subject to the imposition of a lien by the
department for up to one year after the death of the recipient, pursuant to
K.S.A.
39-709 and amendments thereto.
(g) Pursuant to
K.S.A.
39-709 and amendments thereto, a deceased
recipient's real and personal property may be subject to recovery of the
recipient's medical assistance costs if the deceased recipient's interest in
the property ended or was transferred due to the recipient's death. The
department's recovery shall be limited to the recipient's interest in the
property as that interest existed immediately before the death of the
recipient.
Notes
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