(a)  Estate for purposes of recovery of Medicaid payments is defined under G.S. 28A-15-1.

(b)  Unless the Division of Medical Assistance waives or reduces its claim, recovery under rules in Section .0500 of this Subchapter, recovery shall be claimed in full for the amount of the Medicaid claim to the extent that assets in the estate are sufficient to meet the state's claim as a fifth class creditor.

(c)  All recoveries for Medicaid claims shall be remitted to the Division of Medical Assistance by the administrator of the decedent's estate, any individual or entity designated by the clerk of court or by the clerk of court.

(d)  Amounts recovered shall be shared by the federal, state and county governments in proportion to the financial share of program costs borne by each at the time recovery is received.


History Note:        Authority G.S. 108A-70.5; 42 U.S.C. 1396p.;

Temporary Adoption Eff. May 6, 1996 to expire on July 1, 1996, or the last day of the 1996 session of the General Assembly, whichever is later;

Temporary Rule Expired on July 1, 1996;

Eff. July 1, 1996.