Bill Summary for H 399 (2013-2014)

Summary date: 

Apr 24 2013

Bill Information:

View NCGA Bill Details2013-2014 Session
House Bill 399 (Public) Filed Wednesday, March 20, 2013
A BILL TO BE ENTITLED AN ACT TO MAKE CHANGES REQUESTED BY THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO LAWS PERTAINING TO CHILD ABUSE, NEGLECT, AND DEPENDENCY; MEDICAID; PUBLIC HEALTH; AND MENTAL HEALTH, DEVELOPMENTAL DISABILITIES, AND SUBSTANCE ABUSE SERVICES.
Intro. by Burr.

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Bill summary

House committee substitute makes the following changes to the 2nd edition.

Amends GS 108A-70.5(b)(2) to provide that the Department of Health and Human Services (DHHS) has all the rights available to estate creditors, including the right to qualify as personal representative or collector of an estate.

Deletes proposed new section to Article 2 of GS Chapter 28A, GS 28A-2A-24, which required the personal representative of a decedent enrolled in the state's Medicaid program to file a release from the Division of Medical Assistance with the clerk of the court exercising probate jurisdiction before any probate estate may be closed underGS 108A-70.5.

Amends GS 28A-14-1 (Notice for claims) to require that the notice required by the statute also be sent to the Division of Medical Assistance if the decedent was receiving medical assistance as defined by GS 108A-70.5 (b)(1) at the time of death.

Amends GS 28A-19-6(a) to identify DHHS as a sixth-class creditor for purposes of determining the order of claims against a decedent's estate. Provides that judgments in favor of other sixth-class creditors that are docketed and in force before DHHS seeks to recover its claims for medical assistance, are to be paid prior to recovery by DHHS.

Amends proposed GS 36C-8-818 to require a trustee of a revocable trust with knowledge that thedecedent was receiving medical assistance at the time of the decedent's death provide notice of the decedent's death to DHHS within 90 days of the death.

Makes organizational changes to the act and renumbers the sections of the bill accordingly.

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