2005 North Carolina Code - General Statutes § 108A-70.8. (Effective July 1, 2006) Notice of estate recovery.

§ 108A‑70.8.  (Effective July 1, 2006) Notice of estate recovery.

(a)       The Department shall provide each applicant for medical assistance, or the applicant's representative, written notice that:

(1)       Receipt of medical assistance may result in a Medicaid claim or lien upon the recipient's estate, including the recipient's home, to recover costs paid on behalf of the recipient for medical assistance in accordance with G.S. 108A‑70.5; and

(2)       The Department may seek a lien against the real property of a recipient of any age before or after the recipient's death in the amount of assistance paid or to be paid for the recipient if the recipient is an inpatient in a nursing facility, intermediate care facility for the mentally retarded, or other medical institution, and the Department determines, after notice and an opportunity for a hearing in accordance with applicable law, that the recipient cannot reasonably be expected to be discharged and return home.

(b)       Notice under this section shall also explain the hardship conditions under which estate recovery, including the execution of a lien, may be postponed or waived. (2005‑276, s. 10.21C(b); 2005‑345, s. 16.)