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COA: agency's claim for Medicaid reimbursement allowed

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The Indiana Court of Appeals has found that a trial court erred in concluding that the Family and Social Services Administration’s preferred claim for reimbursement of Medicaid benefits against an estate was not timely filed.

In State of Indiana ex rel. Family and Social Services Administration v. Estate of Phillip Roy, No. 33A04-1105-ES-246, the FSSA filed a notice of lien in April 2009 against the estate of Phillip Roy after he died in November 2008 for nearly $40,000 in Medicaid expenses incurred by Roy during his lifetime. The estate moved to dismiss the petition. The trial court disallowed the lien because it was invalid and found that FSSA’s claim to recover the benefits was time-barred by Indiana Code 29-1-14-1(d) because it was filed more than nine months after Roy died.

The trial court focused on the part of the statute that says all claims barrable under subsection (a) would be barred if not filed within nine months. But the judge disregarded the language of subsection (a) that says the time limitations apply to all claims filed “other than … claims of the United States, the state, or a subdivision of the state …” The FSSA is a subdivision of the state, the judges found.

Judges James Kirsch and Cale Bradford also rejected the argument by the estate that because an estate wasn’t opened within five months, the estate representatives are prevented from selling Roy’s real estate and using the proceeds or a portion of it to pay FSSA’s claim based on I.C. 29-1-7-15.1(b). The judges remanded with instructions.

Judge Michael Barnes disagreed with his colleagues that subsection 15.1(b) doesn’t preclude the sale of Roy’s real property to pay a debt owed to FSSA.

“To give effect to Subsection 15.1(b), I believe that because FSSA is no longer claiming that it has a valid lien upon Roy’s real property and because his estate was not opened within five months of death, the property cannot be sold to pay FSSA’s claim,” he wrote.

 

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  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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