5/3/20235/7/2025Estate and trust recovery. Except as provided in Subsection (1)(b), upon a recipient's death, the department may recover from the recipient's recovery estate and any trust, in which the recipient is the grantor and a beneficiary, medical assistance correctly provided for the benefit of the recipient when the recipient was 55 years old or older. The department may not make an adjustment or a recovery under Subsection (1)(a): while the deceased recipient's spouse is still living; or if the deceased recipient has a surviving child who is: under 21 years old; or blind or disabled, as defined in the state plan. The amount of medical assistance correctly provided for the benefit of a recipient and recoverable under this section is a lien against the deceased recipient's recovery estate or any trust when the recipient is the grantor and a beneficiary. The lien holds the same priority as reasonable and necessary medical expenses of the last illness as provided in Section 75-3-805. For a lien described in Subsection (2), the department shall provide notice in accordance with Section 38-12-102. Before final distribution, the department shall perfect the lien as follows: for an estate, by presenting the lien to the estate's personal representative in accordance with Section 75-3-804; and for a trust, by presenting the lien to the trustee in accordance with Section 75-7-510. The department may file an amended lien before the entry of the final order to close the estate or trust. Claims against a deceased recipient's inter vivos trust shall be presented in accordance with Sections 75-7-509 and 75-7-510. Any trust provision that denies recovery for medical assistance is void at the time of its making. Nothing in this section affects the right of the department to recover Medicaid assistance before a recipient's death under Section 26B-3-1003 or 26B-3-1014. A lien imposed under this section is of indefinite duration.