Louisiana Administrative Code › Title 50 - PUBLIC HEALTH-MEDICAL ASSISTANCE › Part I - Administration › Subpart 9 - Recovery › Chapter 81 - Estate Recovery › Section I-8101 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
Authorized Representative
- the executor
					 or succession attorney if a succession has been opened. If there is no executor
					 or succession attorney, an heir, family member or the decedent's last
authorized representative
listed on the decedent's most recent
					 Medicaid application.
Cost Effectiveness
-
t
					 he process whereby the Medicaid agency balances and weighs that which it may
					 reasonably expect to recover against the time and expense of recovery.
					 Initiating estate recovery will be deemed to be cost effective when the amount
					 reasonably expected to be recovered exceeds the cost of recovery and is greater
					 than $1,000.
Estate
- t he gross (total value)
estate
of the deceased as determined by Louisiana succession
					 law and any interest in any property, whether movable or immovable, corporeal
					 or incorporeal.
Heir
- a descendant in the first
					 degree.
Homestead
- consists of a residence
					 occupied by the owner and the land on which the residence is located, including
					 any building and appurtenances located thereon, and any contiguous tracts up to
					 a total of five acres if the residence is within a municipality, or up to a
					 total of 200 acres of land if the residence is not located in a municipality.
					 This same
homestead
shall be the individual's home which was
					 occupied by the recipient immediately prior to the recipient's admission to a
					 long term care facility or when the recipient began receiving home and
					 community-based services.
Individual's Home
-t he primary place of
					 residence of the deceased recipient which was occupied by the recipient
					 immediately prior to the recipient's admission to a long term care facility or
					 when the recipient began receiving home and community-based services.
Undue Hardship
-
an
undue hardship
shall exist when initiating estate recovery
					 would result in placing an unreasonable burden on an heir; and if an heir's
					 family income is 300 percent or less of the U.S. Department of Health and Human
					 Services federal poverty level guidelines as published annually in the
Federal Register
. An
undue hardship
may exist
					 when:
1. the estate is the sole income
				  producing asset of an heir and income from the estate is limited;
2. recovery would result in an heir becoming
				  eligible to receive public assistance including, but not limited to Medicaid;
				  or
3. any other compelling
				  circumstances that would result in placing an unreasonable financial burden on
				  an heir.
AUTHORITY NOTE: Promulgated in accordance with
						R.S.
						36:254 and Title XIX of the Social Security
						Act.
NOTE: An undue hardship does not exist if the
						circumstances giving rise to the hardship were created by or are the result of
						estate planning methods under which assets were sheltered or divested in order
						to avoid estate recovery. It is the obligation of the heirs to prove undue
						hardship by a preponderance of the
						evidence.