(1) The recipient has no A surviving spouse during the surviving spouse's lifetime; and or

(2) The recipient has no A surviving child of the recipient who is under age 21 or who is blind or permanently and totally disabled as defined in 42 United States Code, Section 1382c, during the surviving child's lifetime.

Any claim that is uncollectible from a person due to the provisions of subparagraph (1) or (2) is collectible from the estate of such person upon that person's death.

PART Z

Sec. Z-1. 22 MRSA §4004-B is enacted to read:

§4004-B.__Infants born affected by substance abuse or after

prenatal exposure to drugs

The department shall act to protect infants born identified as being affected by illegal substance abuse or suffering from withdrawal symptoms resulting from prenatal drug exposure, whether or not the prenatal exposure was to legal or illegal drugs, regardless of whether or not the infant is abused or neglected.__The department shall:

1.__Receive reports.__Receive reports of infants who may be affected by illegal substance abuse or suffering from withdrawal symptoms resulting from prenatal drug exposure;

2.__Investigate.__Promptly investigate all reports received of infants born who may be affected by illegal substance abuse or suffering from withdrawal symptoms resulting from prenatal drug exposure;

3.__Determine if infant is affected.__Determine whether or not each infant reported is affected by illegal substance abuse or suffers from withdrawal symptoms resulting from prenatal drug exposure;