Rule 111-3-8-.06. Recovery of Assistance; No Estate

1. (1) The administrator of the program may present an affidavit to a financial institution requesting that the financial institution release account proceeds to recover the cost of services correctly provided to a Member. The affidavit shall include the following information:

   1. (a) The name of the deceased Member;
   2. (b) The name of any person who gave notice that the Member was a Medicaid Member and that person's relationship to the deceased Member;
   3. (c) The name of the financial institution;
   4. (d) The account number;
   5. (e) A description of the claim for estate recovery; and
   6. (f) The amount of funds to be recovered.

2. (2) A financial institution shall release account proceeds to the administrator of the program if all of the following conditions apply;

   1. (a) The deceased Member held an account at the financial institution that was in his or her name only;
   2. (b) No estate has been, and it is reasonable to assume that no estate will be, opened for the deceased Member;
   3. (c) The deceased Member has no outstanding debts known to the administrator of the program; and
   4. (d) The financial institution has received no objections or has determined that no valid objections to release proceeds have been received.
3. (3) If proceeds have been released pursuant to this section and the Department receives notice of a valid claim to the proceeds that has a higher priority under O.C.G.A. 53-7-40 than the claim of this section, the Department may refund the proceeds to the financial institution or pay them to the person or government entity with the claim.

Authority: O.C.G.A. §§ 49-4-147.1, 53-7-40.

History. Original Rule entitled "Recovery of Assistance; No Estate" adopted. F. July 16, 2004; eff. August 5, 2004.

Amended: F. Oct. 19, 2006; eff. Nov. 8, 2006.

Amended: F. Mar. 27, 2020; eff. Apr. 16, 2020.