28-6-23 Medical assistance as debt to department--Recovery of debt.
Medical assistance as debt to department--Recovery of debt.
Any payment of
medical assistance by or through the Department of Social Services to an individual who is an
inpatient in a nursing facility, an intermediate care facility for individuals with developmental
disabilities, or other medical institution, is a debt due to the department. Any payment on behalf of
any person fifty-five years of age or older for nursing facility services, home and community based
services, intermediate care facility services for individuals with intellectual disabilities, hospital and
prescription drug services, is a debt due the department. The Department of Social Services shall
establish a system of recovery of medical assistance correctly paid by or through the department. The
Department of Social Services may file a claim against the estate of the surviving spouse of a
medical assistance recipient to satisfy the debt established under this section. The secretary of social
services shall adopt rules, pursuant to chapter 1-26, to define the scope of recoveries, establish
hardship limitations on recoveries, establish limits on recoveries, and provide rules required to obtain
federal financial participation in the medical assistance program.
For the purposes of this section, a surviving spouse is a person who was married to the deceased
medical assistance recipient when the recipient became eligible for medical assistance, who has not
divorced the medical assistance recipient, and who has not remarried after the recipient's death.
Source: SL 1994, ch 229, § 7; SL 1997, ch 168, § 1; SL 2013, ch 125, § 12.