Kentucky Administrative Regulations › Title 907 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR MEDICAID SERVICES › Chapter 1 - Medicaid Services › Section 907 KAR 1:585 - Estate recovery

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				205.520,
				205.619,
				304.14-640,
				42 C.F.R. 430.10,
				435.236,
				42
				U.S.C. 1396p(b)(1)-(4)
NECESSITY, FUNCTION, AND CONFORMITY: The Cabinet for Health
				and Family Services, Department for Medicaid Services has responsibility to
				administer the Medicaid Program.
				KRS
				205.520(3) empowers the
				cabinet, by administrative regulation, to comply with any requirement that may
				be imposed or opportunity presented by federal law for the provision of medical
				assistance to Kentucky's indigent citizenry.
				42
				U.S.C. 1396p(b)(1)-(4)
				establishes minimum requirements for state plans for estate recovery actions.
				This administrative regulation establishes provisions relating to estate
				recovery.
Section 1. Definitions.
(1) "Aged institutionalized individual" means
			 a recipient age fifty-five (55) or older who received nursing facility (NF)
			 services, intermediate care facility for individuals with an intellectual
			 disability (ICF-IID) services, home and community based (HCB) waiver services,
			 supports for community living (SCL) services, acquired brain injury (ABI)
			 waiver services, ABI long-term care waiver services, or Michelle P. waiver
			 services with payment for these services made, wholly or in part, by the
			 Medicaid Program.
(2) "Department"
			 means the Department for Medicaid Services or its designee.
(3) "Estate" means:
(a) All real and personal property or other
			 assets owned by the deceased recipient that would be included as probate
			 property under Kentucky law; and
(b) All real and personal property or other
			 assets in which the deceased recipient had legal title or interest at the time
			 of death, to the extent of the recipient's interest, whether the asset was
			 conveyed to a survivor, heir or assign of the deceased recipient through joint
			 tenancy, tenancy in common survivorship, life estate, living trust or other
			 arrangement.
(4) "Estate
			 representative" means the court appointed fiduciary or the fiduciary's
			 attorney, the recipient family member or other interested party who represents
			 to the department in writing that he or she is the representative for the
			 estate.
(5) "Long-term care
			 partnership insurance" is defined by
			 KRS
			 304.14-640(4).
(6) "Long-term care partnership insurance
			 policy" means a policy meeting the requirements established in
			 KRS
			 304.14-642(2).
(7) "Period of institutionalization" means
			 the period of time an aged institutionalized or permanently institutionalized
			 individual received Medicaid services.
(8) "Permanently institutionalized" means
			 residing in a nursing facility or intermediate care facility for individuals
			 with an intellectual disability for six (6) months or more.
(9) "Recipient family member" means the
			 surviving spouse, child or sibling of a deceased recipient.
(10) "State plan" is defined by
			 42 C.F.R.
			 400.203.
(11) "Surviving child" means a living child
			 under age twenty-one (21) or a child who is blind or disabled as defined in
			 42
			 U.S.C. 1382c.