HOUSE BILL NO. 3234 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE VEIT.
6558H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal section 473.398, RSMo, and to enact in lieu thereof one new section relating to the recovery of public assistance funds from recipients' estates.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 473.398, RSMo, is repealed and one new section enacted in lieu 2 thereof, to be known as section 473.398, to read as follows: 473.398. 1. Upon the death of a person, who has been a participant of aid, assistance, 2 care, services, or who has had moneys expended on his or her behalf by the department of 3 health and senior services, department of social services, or the department of mental health, 4 or by a county commission, the total amount paid to the decedent or expended upon his or 5 her behalf after January 1, 1978, shall be a debt due the state or county, as the case may be, 6 from the estate of the decedent. The debt shall be collected as provided by the probate code 7 of Missouri, chapters 472, 473, 474 and 475. 8 2. Procedures for the allowance of such claims shall be in accordance with this 9 chapter, and such claims shall be allowed as a claim of either the sixth or eighth class under 10 subdivisions (6) and (8) of section 473.397. 11 3. Such claim shall not be filed or allowed if it is determined that: 12 (1) The cost of collection will exceed the amount of the claim; 13 (2) The collection of the claim will adversely affect the need of the surviving spouse 14 or dependents of the decedent to reasonable care and support from the estate. 15 4. Claims consisting of moneys paid on the behalf of a participant as defined in 42 16 U.S.C. Section 1396 shall be allowed, except as provided in subsection 3 of this section, upon 17 the showing by the claimant of proof of moneys expended. Such proof may include but is not
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 3234 2
18 limited to computerized records maintained by any governmental entity as described in 19 subsection 1 of this section of a request for payment for services rendered to the participant, 20 which shall be deemed to be competent and substantial evidence of payment. 21 5. The department of social services shall file a claim allowed under this section 22 against the estate of a decedent to recover a debt due to the department within six 23 months of receiving written or email notice of the issuance of letters testamentary or of 24 administration of the estate. 25 6. The provisions of this section shall not apply to any claims, adjustments or 26 recoveries specifically prohibited by federal statutes or regulations duly promulgated 27 thereunder. Further, the federal government shall receive from the amount recovered any 28 portion to which it is entitled. 29 [6.] 7. Before any probate estate may be closed under this chapter, with respect to a 30 decedent who, at the time of death, was enrolled in MO HealthNet, the personal 31 representative of the estate shall file with the clerk of the court exercising probate 32 jurisdiction a release from the MO HealthNet division evidencing payment of all MO 33 HealthNet benefits, premiums, or other such costs due from the estate under law, unless 34 waived by the MO HealthNet division. ✔
Statutes affected: