Texas Administrative Code
Title 1 - ADMINISTRATION
Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION
Chapter 373 - MEDICAID ESTATE RECOVERY PROGRAM
Subchapter B - RECOVERY CLAIMS
Section 373.205 - Medicaid Estate Recovery Program (MERP) Claim
Universal Citation: 1 TX Admin Code ยง 373.205
Current through Reg. 49, No. 38; September 20, 2024
(a) Contents of MERP Recovery Claim. The MERP claim will be presented to the estate personal representative (executor, administrator, or guardian) or filed by depositing it in the appropriate Probate Court and will include the amount of the claim, the date or dates of the covered Medicaid services provided, and a statement that to MERP's best knowledge the deceased Medicaid recipient had:
(1) No surviving spouse;
(2) No surviving child under age
21;
(3) No surviving child of any
age who is blind or disabled as defined by
RSA
1382c;
(4) No 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; and
(5) That to the best knowledge of the MERP no
undue hardship, as defined by these rules, exists and that recovery will be
cost-effective.
(b) A Medicaid Estate Recovery (MERP) claim will be filed within 70 days after MERP has actual notice of the death of a Medicaid recipient aged 55 years or older who received covered long-term care services.
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