LD 468
pg. 334
Page 333 of 348 An Act Making Unified Appropriations and Allocations for the Expenditures of St... Page 335 of 348
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LR 2149
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(2) Any other real and personal property and other
assets in which the recipient had any legal interest at
the time of death, to the extent of that interest,
including assets conveyed to a survivor, heir or assign
of the deceased recipient through tenancy in common,
survivorship, life estate, living trust, joint tenancy in
personal property or other arrangement.

 
G.__The department is authorized to accept, hold and
transfer title to real property in order to facilitate
collection of debts claimed by the State under this section.__
In its discretion the department may elect to receive title
to real property from a personal representative, special
administrator, public administrator, creditor, heir,
devisee, assignee or transferee in full or partial
satisfaction of a claim asserted under this subsection.__The
department is authorized to liquidate the property without
further proceedings in probate or other courts.

 
Sec. DDD-9. Department of Health and Human Services directed to publicize
requirements of estate recovery program. The Department of Health and
Human Services shall provide prominent, clear and understandable
written notice of the estate recovery program requirements and
the hardship waiver rules to an applicant or responsible party at
the time of application for MaineCare benefits. At the time that
the department is aware of the appointment of a personal
representative for a deceased MaineCare recipient's estate, if
the recipient was 55 years of age or older, the department shall
provide prominent, clear and understandable written notice of the
hardship waiver rules to the personal representative and any
other person as described in the department's rules. The
department shall develop an estate recovery brochure that
outlines the program, answers frequently asked questions and
provides a toll-free telephone number for further information.
The brochure must be provided to every new MaineCare applicant or
responsible party at the time of application for MaineCare
benefits. Failure of the department to provide notice or
distribute a brochure as described in this section does not
invalidate any claim that the department may assert under the
Maine Revised Statutes, Title 22, section 14.

 
Sec. DDD-10. Department of Health and Human Services directed to adopt rules
requiring rate of income production by property of MaineCare recipients. The
Department of Health and Human Services is directed to adopt
rules governing MaineCare eligibility to require that, if an
applicant or recipient owns income-producing property, the
property must be considered a countable resource unless the


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