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 373.207 - Exemptions from Claims
Universal Citation: 1 TX Admin Code ยง 373.207
Current through Reg. 49, No. 38; September 20, 2024
(a) Medicaid Estate Recovery claims will be sought only after the death of the Medicaid recipient, and if there is no:
(1) Surviving
spouse;
(2) Surviving child or
children under 21 years of age;
(3)
Surviving child of any age who is blind or disabled as defined by
RSA
1382c; or
(4) 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.
(b) Certain assets and resources of American Indians (AI) and Alaska Natives (AN) are exempt from estate recovery claims. The following AI/AN income, resources, and property are exempt from Medicaid Estate Recovery:
(1) Certain AI/AN income and
resources (such as interests in and income derived from Tribal land and other
resources currently held in trust status and judgment funds from the Indian
Claims Commission and the U.S. Claims Court) that are exempt from Medicaid
estate recovery by other laws and regulations;
(2) Ownership interest in trust or non-trust
property, including real property and improvements:
(A) Located on a reservation (any federally
recognized Indian Tribe's reservation, pueblo, or colony, including former
reservations in Oklahoma, Alaska Native regions established by Alaska Native
Claims Settlement Act and Indian allotments) or near a reservation as
designated and approved by the Bureau of Indian Affairs of the U.S. Department
of the Interior; or
(B) For any
federally recognized Tribe not described in subparagraph (A) of this paragraph
located within the most recent boundaries of a prior Federal
reservation.
(C) Protection of
non-trust property described in subparagraphs (A) and (B) of this paragraph is
limited to circumstances when it passes from an Indian (as defined in section 4
of the Indian Health Care Improvement Act) to one or more relatives (by blood,
adoption, or marriage), including Indians not enrolled as a member of a Tribe
and non-Indians such as spouses and step-children, that their culture would
nevertheless protect as family members; to a Tribe or Tribal organization;
and/or to one or more Indians;
(3) Income left as a remainder in an estate
derived from property protected in paragraph (2) of this subsection, that was
either collected by an Indian, or by a Tribe or Tribal organization and
distributed to Indian(s), as long as the individual can clearly trace it as
coming from protected property;
(4)
Ownership interests left as a remainder in an estate in rents, leases,
royalties, or usage rights related to natural resources (including extraction
of natural resources or harvesting of timber, other plants and plant products,
animals, fish, and shellfish) resulting from the exercise of
Federally-protected rights, and income either collected by an Indian, or by a
Tribe or a Tribal organization and distributed to Indian(s) derived from these
sources as long as the individual can clearly trace it as coming from protected
sources; and
(5) Ownership
interests or usage rights to items not covered by paragraphs (1) - (4) of this
subsection that have unique religious, spiritual, traditional, and/or cultural
significance, or rights that support subsistence or a traditional life style
according to applicable Tribal law or custom.
(c) American Indians and Alaska Natives Income, Resources, and Property Not Exempt from Medicaid Estate Recovery include:
(1) Ownership interests in assets
and property, both real and personal, that are not described in subsection (b)
of this section; or
(2) Any income
and assets left as a remainder in an estate that do not derive from protected
property or sources in subsection (b) of this section.
(d) Government reparation payments to individuals in special populations are exempt from Medicaid estate recovery claims.
Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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