Senate Bill 0371
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DIGEST OF SB371 (Updated February 5, 2002 5:16 PM - DI 84)
Medicaid liens and nonprobate assets. Provides that a trust, life insurance policy, or prepaid funeral agreement is not exempt as a resource in determining Medicaid eligibility unless amounts remaining after delivery of services are payable to the office of Medicaid policy and planning (OMPP) or the applicant's or recipient's estate. Authorizes the OMPP to place a lien on a Medicaid recipient's real property if the office determines that the recipient will not return to live in the property. Provides that the OMPP may not obtain a lien or enforce a lien in certain circumstances. Provides that the OMPP may not enforce a lien against property with a value equal to or less than $75,000. Provides that a lien obtained by the OMPP is subordinate to a security interest of a financial institution in certain circumstances. Provides that the OMPP, for assets not included in a probate estate, may enforce its claim only to the extent that the value of property exceeds $75,000. Provides limitations on the liability of a nonprobate tranferee who receives property from a recipient. Provides that enforcement of a claim against assets not in a probate estate must be commenced not later than twelve months after the decedent's death.
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