Code of Maine Rules
10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES
144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL
Chapter 101 - MAINECARE BENEFITS MANUAL (FORMERLY MAINE MEDICAL ASSISTANCE MANUAL)
Chapter VII
Section 144-101-VII-5 - Estate Recovery
Subsection 144-101-VII-5.05 - NOTICE
Current through 2024-38, September 18, 2024
A. Reasonable efforts to give notice of Estate Recovery requirements to Members will be made at the time of application for MaineCare.
B. Reasonable efforts to give notice will be provided pursuant to the relevant provisions of the Probate Code or to the legally authorized representative of the Member's estate when recovery is being sought. If there is no legally authorized representative, the State shall make reasonable efforts to notify known family Members or heirs. If no one comes forward on the Member's behalf to settle the estate, the State may seek appointment as personal representative as a creditor pursuant to the Probate Code. Notice shall include the action the State intends to take, the basis for the action, the amount sought to be recovered and a copy of these rules.
C. Lack of notice pursuant to this section does not bar application of Estate Recovery.