Governor Deval Patrick's Budget Recommendation - House 1 Fiscal Year 2010

Governor's Budget Recommendation FY 2010

Outside Section 23

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Recovering Abandoned Property of Deceased MassHealth Members

SECTION 23.   Section 10 of chapter 200A of the General Laws, as so appearing, is hereby amended by adding the following subsection:
          (j) Upon request by the executive office of health and human services, not more than once each quarter, the state treasurer shall review information made available by the executive office to determine if a person who has received medical assistance benefits under chapter 118E has an interest in property reported to the state treasurer in accordance with this chapter, and inform the executive office of the treasurer's findings. Further, notwithstanding any special or general law to the contrary, with respect to any person who has been deceased for at least 3 years with no fiduciary appointed to administer that deceased person's estate, and who is found to have property solely in that deceased person's name that would be subject to a claim by the executive office under sections 31 and 32 of chapter 118E, the executive office may present a statement to the state treasurer of the amount due to the executive office, a copy of the death certificate for that person, and other claims documents that the treasurer's office may require. Upon that presentment, the state treasurer shall release that property or the portion of that property necessary to satisfy the claim by the executive office. Presentment under this subsection shall not take priority over any claim of the department of revenue under subsection (i), or over any claim presented by a duly appointed estate representative. If the treasurer makes payment to the executive office under this subsection, the treasurer shall be discharged from any obligation or liability arising from the payment. Information provided by the executive office to the treasurer under this subsection may be used only for the purpose described in this subsection. If a fiduciary is appointed after the executive office has received payment of funds from the treasurer's office under this subsection, and the fiduciary notifies the executive office of the appointment, the executive office shall release to the fiduciary all of the funds received from the treasurer's office. The executive office may then present its claim for reimbursement under section 32 of chapter 118E.

This section allows MassHealth to recover abandoned property, which are now subject to an estate recovery claim, directly from the State Treasurer.

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