Amends TCA Section 30-2-310.

This bill establishes a time limit on the filing of claims by TennCare against TennCare recipients' estates when the bureau does not receive a notice to creditors from the personal representative of the decedent's estate.<br /> <br /> Present law requires the personal representatives of decedents who were aged 55 years or older at death to, within 60 days of the date of issuance of either letters of administration or letters testamentary, provide notice of the death to the bureau of TennCare. The notice must state whether the decedent was a TennCare recipient and request a release from the bureau evidencing either:<br /> <br /> (1) Payment of all medical assistance benefits, premiums, or other costs due from the estate under law;<br /> <br /> (2) Waiver of the bureau's claims; or<br /> <br /> (3) A statement from the bureau that no amount is due.<br /> <br /> The probate estate cannot be closed without the personal representative filing the TennCare release.<br /> <br /> Under present law, the clerk of the court in which an estate is being administered must give public notice to creditors that they must bring claims on the decedent's estate or be forever barred. The notice outlines various deadlines for filing claims with the probate court clerk. Creditors must file before the earliest of the following dates:<br /> <br /> (1)(A) Four months from the date of first publication or posting of the notice to creditors if the creditor received an actual copy of the notice to creditors at least 60 days before the date that is four months from the date of the first publication; or<br /> <br /> (B) 60 days from the date a creditor received a copy of the notice to creditors, if the notice was received less than 60 days prior to the date that is four months from the initial publication or posting of the notice; or<br /> <br /> (2) 12 months from the decedent's date of death.<br /> <br /> Under present law, all claims and demands not filed by the state with the probate court clerk in accordance with the various procedures and deadlines outlined in present law or, if later, in which a suit has not been brought or revived before the end of 12 months from the date of death of the decedent are forever barred. This statute of limitations does not apply to taxes.<br /> <br /> Present law requires the personal representatives of decedents who were aged 55 years or older at death to provide the notice to creditors to the bureau of TennCare, if the decedent was a TennCare recipient. If a notice to creditors is provided to the bureau, the bureau is required to file a claim for recovery in accordance with the time limits described in (1) and (2) above.<br /> <br /> Under this bill, if the bureau does not receive a notice to creditors within 12 months of the decedent's death, the bureau's claims are barred unless it files a claim with the probate court clerk or brings or revives a suit within 48 months of the decedent's death.<br /> <br /> ON MARCH 11, 2021, THE SENATE ADOPTED AMENDMENT #1, AND PASSED SENATE BILL 761, AS AMENDED.<br /> <br /> AMENDMENT #1 clarifies that the bureau of TennCare will have 48 months following a decedent's death within which to petition to open or reopen the decedent's estate rather than "bring or revive suit" in cases where the bureau does not receive a notice to creditors This amendment also adds that, if the bureau does not file a claim within the time limits established by this bill, the present law requirement that the personal representative file a TennCare release with the probate court clerk before the estate may be closed will not apply.<br />