| 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. |