Estate Recovery

Tenncare Estate Recovery, New Statute of Limitations

TCA 30-2-310 was amended effective April 7, 2021.

Tennessee Code Annotated, Section 30-2-310, is amended by adding the following as new subsection (c):

(c) Notwithstanding subsections (a) and (b), § 71-5-116, and §§ 30-2-30630-2-309:

(1) If the bureau of TennCare receives a notice to creditors as defined in § 30-2-306(b) within twelve (12) months of the decedent’s date of death, then the bureau’s claims and demands against the decedent’s estate are forever barred unless the bureau files a claim with the probate court clerk or brings or revives suit within the later of:

(A) Twelve (12) months from the decedent’s date of death; or
(B) Four (4) months from the date when the bureau received the notice to creditors.

(2) If the bureau of TennCare does not receive a notice to creditors as defined in § 30-2-306(b) within twelve (12) months of the decedent’s date of death, then the bureau’s claims and demands against the decedent’s estate are forever barred unless the bureau files a claim with the probate court clerk or files a petition to open or re-open a decedent’s estate within forty-eight (48) months of the decedent’s date of death.
(3) If a claim is not filed by the bureau of TennCare pursuant to subdivision (c)(1) or (c)(2), then the requirements of § 71-5-116(c)(2) do not apply.

Published by
David McGuffey

Recent Posts

Medicaid Post Eligibility Treatment of Income and Incurred Medical Expenses

After Medicaid eligibility is established, 42 C.F.R. § 435.725 addresses how income is treated. For…

5 days ago

Medicaid’s Refusal to Provide 24/7 Care in the Community Might be Discrimination

In Harrison v. Young (5th Cir. June 6, 2024), the Fifth Circuit considered Ms. Barbara…

3 weeks ago

Updates to Nursing Home Quality of Care Regulations

From time to time federal regulations covering nursing home quality of care are updated. Thus…

3 weeks ago

Federal Nursing Home Quality of Care Regulations

Nursing homes that accept Medicare or Medicaid are required to comply with quality of care…

3 weeks ago

New Article Discussing Medicaid Enrollment and Wealth Transfers

On June 11, 2024, the Gerontologist published an article on Medicaid enrollment and Intergenerational transfers…

4 weeks ago

Virtual Dementia Tour

Dementia affects more than 50 million people worldwide. The Virtual Dementia Tour is designed to…

4 weeks ago