SB76 Summary

• Personal representatives or persons initiating probate proceedings must notify the Alabama Medicaid Agency within a specified timeframe, providing the deceased's full legal name, date of birth, date of death, social security number, marital status, and court information.

• Notice must be sent via certified mail to the Medicaid Agency's Estate Notice Office, with proof of mailing filed in probate court; alternatively, the agency may create an electronic system with serialized certificates for notice.

• The Medicaid Agency must respond within 30 days of receipt with either a claim, waiver of claim, or statement that no amount is due; failure to respond within 30 days results in the claim being waived.

• Sixth order of preference debts and summary distributions are prohibited until proof of notice is filed and 30 days have passed since Medicaid received notice.

• The Medicaid Agency may petition to open probate estates of Medicaid recipients by filing for a third-party administrator appointment, and may file claims against estates for medical assistance payments made under federal law (42 U.S.C. §1396p), excluding Medicare cost-sharing and Medicare Savings Program benefits.