53-6-168. Payment of certain funds of deceased recipient to department. (1) (a) A nursing facility, a financial institution, or a person holding personal funds of a deceased nursing facility resident who received medicaid benefits at any time shall, within 30 days following the resident's death, pay those funds to the department.
(b) A nursing facility may satisfy a debt owed by the deceased resident to the facility from the deceased resident's personal funds that are held by the nursing facility and that would have been payable to the facility from the resident's funds. The facility shall pay the remaining funds to the department as required by this section.
(c) Funds paid to the department under this section are not considered to be property of the deceased resident's estate, and 53-6-167 does not apply to recovery of the funds by the department.
(2) For purposes of this section, a nursing facility is holding personal funds of a resident if the facility:
(a) maintains possession of the funds in the facility; or
(b) as the recipient's trustee or representative, has deposited the resident's funds in an individual or shared account in a financial institution.
(3) The department shall apply any funds received under this section proportionately to the federal and state shares of recoverable medical assistance and shall pay any remaining amount to a person entitled by law to the funds.
History: En. Sec. 6, Ch. 492, L. 1995; amd. Sec. 4, Ch. 153, L. 2009.
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