1 Tex. Admin. Code § 373.307 - Notice of Intent to File A Claim upon the Death of a Medicaid Recipient
(a) The Medicaid
Estate Recovery Program (MERP) will, within 30 days of the notification of the
death of a Medicaid recipient, provide a Notice of Intent to File a Claim, to
the following:
(1) Estate
representative;
(2) Recipient's
guardian of the person, if any; guardian of the estate, if any; or guardian of
the person and estate, if any, provided that the name and address of the
guardian or guardians are known by MERP;
(3) Recipient's agent under a durable power
of attorney if the name and address of the agent are known by MERP;
(4) Recipient's agent under a medical power
of attorney if the name and address of the agent are known by MERP;
or
(5) If none of the above are
known, family members who have acted on behalf of the recipient provided that
the name and address of those family members who have acted on behalf of the
recipient are known by MERP.
(b) Contents of Notice of Intent to File a
Claim. Written notice of MERP's intent to file an estate recovery claim against
the estate of a deceased Medicaid recipient for covered services will be
provided to individuals identified in subsection (a) of this section. The
notice will include the following:
(1) A
program overview;
(2) A
questionnaire that seeks to determine whether the deceased recipient had:
(A) A surviving spouse;
(B) A surviving child under age 21;
(C) A surviving child of any age who is blind
or disabled, as defined by
42
U.S.C. 1382c; or
(D) An unmarried adult child residing
continuously in the decedent's homestead for at least one year prior to the
time of the Medicaid recipient's death.
(c) An undue hardship waiver request form.
Undue hardship request forms and supporting documentation must be submitted to
MERP within 60 days of the date of the Notice of Intent to File a Claim. No
action will be taken on an undue hardship request that is submitted without
supporting documentation. The request form and documentation should be sent to
MERP, Hardship Waiver Request, P.O. Box 13247, Austin, Texas 78711.
(d) The Notice of Intent to File a Claim will
state the date that MERP received notification of the death of a Medicaid
recipient and the source of the death notification of the Medicaid
recipient.
Notes
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