When the state pays for someone's care or services, that money can be paid back later. After the person who got the help dies, the state can file a claim to get that money back from their spouse's estate when the spouse dies. The amount owed is however much the state paid during the marriage, but it cannot be more than what the couple's combined resources were worth when the recipient died.
473.399. Definitions — to repay , against , when — s, — . — 1. As used in this section, the following terms mean:
(1) "Assistance", funds expended by a to or on behalf of a person in the form of aid, care, or services, except that for the purposes of this section, shall not be considered assistance;
(2) "", the estate against which an obligation under this section arises;
(3) "", a person to whom or on whose behalf assistance is provided;
(4) "State agency", the of social services, and of the state of Missouri.
2. For the purposes of this section, the providing of assistance shall create an obligation which may be recovered by a claim in the against the of the spouse of the recipient upon such spouse's death as provided by the of Missouri, chapters 472, 473, 474 and 475. The amount of the shall be the full amount of assistance without interest provided to the recipient during the marriage of such recipient and spouse; provided that the of the obligor estate shall not exceed the value of the combined resources of the recipient and the spouse of the recipient on the date of death of the recipient.
3. The state agency providing the assistance may initiate a claim on the debt against the obligor estate.
4. The obligor estate may assert as a defense to the state agency's claim that more than two years prior to the providing of assistance, the recipient the spouse.
5. An obligor estate shall have the right of setoff against the state debt for any amounts recovered by the state agency from the estate of the deceased recipient section 473.398.
6. shall not be filed under this section when collection of the state debt would be contrary to federal statutes for assistance programs in which federal funds are received.
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Source & history notes
(L. 1990 H.B. 1725 § 1) (2008) Section's definition of estate does not include all non-probate transfers and thus is insufficiently broad to allow recovery by State of Medicaid benefits from estate of recipient's surviving spouse. In re Estate of Shuh, 248 S.W.3d 82 (Mo.App.E.D.). (2008) Section authorizing State to receive reimbursement from Medicaid recipient's estate after recipient's death or from estate of recipient's spouse after death of spouse is preempted by federal statute. In re Estate of Bruce, 260 S.W.3d 398 (Mo.App.W.D.).
Related Missouri laws
Recovery of public assistance funds from recipient's estate, when authorized
RSMo 473.398
Classification of claims and statutory allowances
RSMo 473.397
Allowance of claims
RSMo 473.403
Collection of contingent claims from distributees
RSMo 473.393
Defenses against claims
RSMo 473.407
Contingent claims
RSMo 473.390
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.