Indiana Code 12-15-9-1. Amount of claim; preference
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Sec. 1. Upon the death of a Medicaid recipient, the total amount of Medicaid paid on behalf of the recipient after the recipient became fifty-five (55) years of age must be allowed as a preferred claim against the estate of the recipient in favor of the state. The affidavit of a person designated by the secretary to administer this section is evidence of the amount of the claim and is payable after the payment of the following in accordance with IC 29-1-14-9:
(2) The expenses of the last illness of the recipient that are authorized or paid by the office.
(1) Funeral expenses for the recipient, not to exceed three hundred fifty dollars ($350).
Terms Used In Indiana Code 12-15-9-1
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
- estate: includes :
Indiana Code 12-15-9-0.5
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(3) The expenses of administering the estate, including the attorney‘s fees approved by the court.
[Pre-1992 Revision Citation: 12-1-7-25(a).]
As added by P.L.2-1992, SEC.9. Amended by P.L.152-1995, SEC.6; P.L.246-2005, SEC.108; P.L.149-2012, SEC.4.