Earlier this week, Utah S.B. 241, Chapter 443, "Medical Benefits Recovery Amendments," was signed into law. By way of background, the Utah Office of Recovery Services seeks reimbursement for Medicaid expenses the state has paid on behalf of an individual from that individual's estate after death in order to supplement medical assistance programs and limit tax burdens. This law is intended to improve the state's ability to recover medical assistance it has provided.
The law does this in part through the enactment of new section 75-3-104.5 of Utah's probate code, which is effective as of May 8, 2018. This section requires a petitioner or personal representative to send copies of pleadings relating to any "action" under Chapter 3, Probate of Wills and Administration, to the Office of Recovery Services. Such pleadings must be sent by certified mail within 30 days after the filing of the action. Failure to do so "tolls all limitations concerning the state's presentation or enforcement of a lien or claim" under the estate and trust recovery statute. This new law applies to all actions involving a decedent who was 55 or older.
The address to which pleadings must be sent is:
Office of Recovery Services
Bureau of Medical Collections
PO Box 45025
Salt Lake City, UT 84145-0025
The law is notable for requiring all pleadings for all actions filed under Chapter 3 to be provided to the Office of Recovery Services, when presumably the only information really needed to protect the state's interests is the identifying information of the decedent. Furthermore, only certified mail is effective to avoid the tolling of the statute of limitations. It will be interesting to see if these provisions are relaxed in the near future.
The law does this in part through the enactment of new section 75-3-104.5 of Utah's probate code, which is effective as of May 8, 2018. This section requires a petitioner or personal representative to send copies of pleadings relating to any "action" under Chapter 3, Probate of Wills and Administration, to the Office of Recovery Services. Such pleadings must be sent by certified mail within 30 days after the filing of the action. Failure to do so "tolls all limitations concerning the state's presentation or enforcement of a lien or claim" under the estate and trust recovery statute. This new law applies to all actions involving a decedent who was 55 or older.
The address to which pleadings must be sent is:
Office of Recovery Services
Bureau of Medical Collections
PO Box 45025
Salt Lake City, UT 84145-0025
The law is notable for requiring all pleadings for all actions filed under Chapter 3 to be provided to the Office of Recovery Services, when presumably the only information really needed to protect the state's interests is the identifying information of the decedent. Furthermore, only certified mail is effective to avoid the tolling of the statute of limitations. It will be interesting to see if these provisions are relaxed in the near future.
