SECTION 373.305. Medicaid Application Estate Recovery Notice Contents  


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  • The written notice provided about the Medicaid Estate Recovery Program (MERP) to those listed in §373.303 of this chapter (relating to Additional Application Notice Provision to Recipients and Others) will contain the following information:

    (1) Description of the Medicaid Estate Recovery Program;

    (2) Information as to covered Medicaid long-term care services subject to estate recovery;

    (3) Claim procedures found in §322, Classification of Claims Against Estates of Decedents, Texas Probate Code;

    (4) Information as to applicable "look-back" penalties for transfers of property for less than market value when applying for Medicaid benefits described at 1 TAC §358.430(e);

    (5) Description of undue hardship waiver requests and related request procedures in regard to any recovery claim; and

    (6) Information concerning the MERP Notice of Intent to File a Claim and the Medicaid Estate Recovery Claim on the death of a Medicaid recipient.

Source Note: The provisions of this §373.305 adopted to be effective March 1, 2005, 30 TexReg 830