Section 473.398

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

Chapter 473

Effective - 28 Aug 2018, 2 histories   

  473.398.  Recovery of public assistance funds from recipient's estate, when authorized — procedure — exceptions. — 1.  Upon the death of a person, who has been a participant of aid, assistance, care, services, or who has had moneys expended on his behalf by the department of health and senior services, department of social services, or the department of mental health, or by a county commission, the total amount paid to the decedent or expended upon his behalf after January 1, 1978, shall be a debt due the state or county, as the case may be, from the estate of the decedent.  The debt shall be collected as provided by the probate code of Missouri, chapters 472, 473, 474 and 475.

  2.  Procedures for the allowance of such claims shall be in accordance with this chapter, and such claims shall be allowed as a claim of either the sixth or eighth class under subdivisions (6) and (8) of section 473.397.

  3.  Such claim shall not be filed or allowed if it is determined that:

  (1)  The cost of collection will exceed the amount of the claim;

  (2)  The collection of the claim will adversely affect the need of the surviving spouse or dependents of the decedent to reasonable care and support from the estate.

  4.  Claims consisting of moneys paid on the behalf of a participant as defined in 42 U.S.C. Section 1396 shall be allowed, except as provided in subsection 3 of this section, upon the showing by the claimant of proof of moneys expended.  Such proof may include but is not limited to computerized records maintained by any governmental entity as described in subsection 1 of this section of a request for payment for services rendered to the participant, which shall be deemed to be competent and substantial evidence of payment.

  5.  The provisions of this section shall not apply to any claims, adjustments or recoveries specifically prohibited by federal statutes or regulations duly promulgated thereunder.  Further, the federal government shall receive from the amount recovered any portion to which it is entitled.

  6.  Before any probate estate may be closed under this chapter, with respect to a decedent who, at the time of death, was enrolled in MO HealthNet, the personal representative of the estate shall file with the clerk of the court exercising probate jurisdiction a release from the MO HealthNet division evidencing payment of all MO HealthNet benefits, premiums, or other such costs due from the estate under law, unless waived by the MO HealthNet division.

­­--------

(L. 1977 H.B. 462 §§ 1 to 4, A.L. 1981 S.B. 117, A.L. 1985 S.B. 5, et al., A.L. 1995 S.B. 357, A.L. 2007 S.B. 577, A.L. 2018 S.B. 806)