Under certain circumstances, TennCare must be
provided with notice by the personal representative of the death of an
individual in the context of a probate estate in Tennessee. T.C.A.
§ 30-2-301 provides that within sixty days of a personal representative's
appointment as the personal representative, they are required to execute and
file an affidavit with the clerk that the Bureau of TennCare has been notified
of the decedent's death if they are older then 55 years of age or are a
TennCare recipient. T.C.A. §
30-2-301(b)(5) provides as follows:
(5) Within the
sixty-day period, the personal representative shall execute and file with the
clerk of the court an affidavit that the bureau of TennCare has been notified
of the decedent's death pursuant to § 71-5-116.
T.C.A. § 71-5-116(c)(2) provides as
follows:
(c)(2) Before any probate estate may be closed pursuant to title 30, with
respect to a decedent who, at the time of death, was enrolled in the TennCare
program, the personal representative of the estate shall file with the clerk of
the court exercising probate jurisdiction a release from the bureau of TennCare
evidencing either:
(A) Payment of all medical assistance benefits, premiums, or other costs
due from the estate under law;
(B) Waiver of the bureau's claims; or
(C) A statement from the bureau that no amount is due.
Therefore, it is
clear that when someone is enrolled in TennCare at the time of their death, a
release must be filed with the court in the probate estate stating that
TennCare has been paid all it is owed from the estate; or that TennCare
has waived any claim; or that TennCare has stated that no money is
owed.
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