(1) The cabinet may employ counsel, upon the advice and approval of the Attorney General, to institute or defend such actions or proceedings as it deems necessary or proper to enforce the payment or reimbursement for board and maintenance of patients. In case of failure of suits, the expense thereof shall be certified by the secretary of the Finance and Administration Cabinet which shall provide for its payment out of the funds appropriated for the use of the cabinet.
(2) The statute of limitation providing the time in which actions for such recovery may be instituted shall not run against recovery provided for in this chapter until from and after the time at which the estate is acquired.