A. The department has a claim against the estate of a MaineCare recipient when, after the death of the recipient:

(1) Property or other assets are discovered that existed and were owned by the recipient during the period when MaineCare benefits were paid for the recipient and disclosure of the property or assets at the time benefits were being paid would have rendered the recipient ineligible to receive the benefits;

(2) It is determined that the recipient was 55 years of age or older when that person received MaineCare assistance; or

(3) It is determined that the recipient has received or is entitled to receive benefits under a long-term care insurance policy in connection with which assets or resources are disregarded and medical assistance was paid on behalf of the recipient for nursing facility or other long-term care services.

B. The amount of MaineCare benefits paid and recoverable under this subsection is a claim against the estate of the deceased recipient or, if it cannot be collected because there is a surviving spouse or child as described in paragraph C, a claim against the estates of the surviving spouse and such surviving child, after death, if either received any assets from the recipient for less than fair market value during any period while the recipient was receiving MaineCare benefits, or from the recipient's estate as defined in paragraph F.__The claim against either the estate of the surviving spouse or child is enforceable as to the value of the asset on the date of the transfer from the recipient for less than fair market value, less any value actually transferred to the recipient in exchange, or on the date of the recipient's death, even if the asset received from the deceased recipient has since been lost, diminished, sold, encumbered, transferred or the title otherwise affected before the death of the surviving spouse or surviving child.

(1) As to assets of the recipient included in the probated estate, this claim may be enforced pursuant to Title 18-A, Article 3, Part 8.