Sec. 8. (a) Upon the death of a patient or responsible party whose
property is encumbered by a
lien arising under this chapter and upon notification by the director, the
attorney general shall file a claim in the estate of the patient or responsible party for recovery of all charges for treatment and maintenance that have accrued at the date of death.
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Terms Used In Indiana Code 12-24-15-8
- 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
- Lien: A claim against real or personal property in satisfaction of a debt.
- Property: includes personal and real property. See Indiana Code 1-1-4-5
(c) If the real property of the deceased patient or responsible relative is occupied by a surviving spouse of the patient or responsible party, the director may not assert a lien or claim during the lifetime of the surviving spouse, except as provided in subsection (d).
(d) The division shall file a claim for recovery of costs of treatment and maintenance if:
(1) another claimant or person has opened an estate and is attempting to enforce a claim; or
(2) a fraudulent attempt is made to avoid the claim or lien.
[Pre-1992 Revision Citation: 16-14-18.1-10(e).]
As added by P.L.2-1992, SEC.18.
