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  • Summary date: Mar 28 2013 - View Summary

    Amends GS 108A-70.5(b)(2) to clarify within the definition of estate that for the purposes of recovery under the statute and for individuals who have received benefits under a qualified long-term care partnership policy, estate also includes other specified property and assets.

    Enacts new GS 28A-2A-24 to require the personal representative of the estate, before any probate estate may be closed, with respect to a decedent enrolled in the state's Medicaid program at the time of death, to file a release from the Division of Medical Assistance (Division) with the clerk of court. Specifies information to be included in the release.

    Enacts new GS 36C-8-118 to require any trustee with a duty or power to pay debts of a deceased trust beneficiary to give notice to the Division if the deceased trust beneficiary received assistance from the state's Medicaid program. Requires that notice be given within 90 days of the beneficiary's death. Allows the Division to make a claim against any trust deemed an available resource.

    Amends GS 108C-3 to expand the types of providers that are designated as limited categorical risk and to expand those that are designated as moderate categorical risk.

    Effective October 1, 2013.