N.C. Gen. Stat. § 36C-8-818
Notice of deceased Medicaid beneficiaries
Redline — June 1, 2021 → current.View current text →
Current — April 1, 2022
As of June 1, 2021
If a trust was established by a person who at the time of that person’s death was receiving medical assistance, as defined in G.S. 108A-70.5(b)(1), and the trust was revocable at the time of that person’s death, then any trustee of that trust who knows of the medical assistance within 90 days of the person’s death shall provide notice of that person’s death to the Department of Health and Human Services, Division of Health Benefits, within 90 days of the person’s death. This section does not apply to trustees of preneed funeral trusts established or created pursuant to Article 13D of Chapter 90 of the General Statutes.
If a trust was established by a person who at the time of that person’s death was receiving medical assistance, as defined in G.S. 108A-70.5(b), and the trust was revocable at the time of that person’s death, then any trustee of that trust that knows of the medical assistance within 90 days of the person’s death shall provide notice of that person’s death to the Division of Health Benefits of the Department of Health and Human Services, within 90 days of the person’s death. This section does not apply to trustees of preneed funeral trusts established or created pursuant to Article 13D of Chapter 90 of the General Statutes.
History
(2013-378, s. 5; 2019-81, s. 15(a).)
NORTH CAROLINA COMMENT
Effective October 1, 2013, this section, not a part of the Uniform Trust Code, requires the trustee of a revocable trust to provide notice of the settlor's death to the North Carolina Department of Health and Human Services ('DHHS') within 90 days of the settlor's death if the trustee of such trust knows within such 90 day period that the settlor of the trust received certain medical assistance, known as Medicaid.
Also effective October 1, 2013, a related provision, G.S. 28A-14-1(b), was amended to require the personal representative and collector of a decedent's estate to notify the DHHS if at the time of the decedent's death the decedent was receiving Medicaid.
Effect of Amendments. - Session Laws 2019-81, s. 15(a), effective July 1, 2019, substituted "Division of Health Benefits" for "Division of Medical Assistance."
Official source: North Carolina General Assembly. Reproduced from public-domain North Carolina statutes; confirm against the official source for the current text. Not legal advice.