ND SB2074

Amends North Dakota law governing state recovery of medical assistance expenses from the estates of deceased recipients who were institutionalized in nursing facilities, intermediate care facilities for the mentally retarded, or other medical institutions.

Allows the state to recover total medical assistance paid on behalf of a recipient from the date the department determined the resident could not reasonably be discharged, or from the recipient's fifty-fifth birthday, whichever applies.

Establishes medical assistance as a preferred claim against the decedent's estate, payable only after funeral expenses (up to $3,000), last illness expenses, estate administration costs, and certain other statutory claims.

Applies to recipients who were not reasonably expected to be discharged and return home, or who were fifty-five years of age or older when receiving assistance, and extends to claims made after the death of the recipient's spouse.

Passed the Senate 40-0 and House 87-0 with bipartisan support.