473.398. Recovery of public assistance funds from recipient's estate, when authorized — procedure — exceptions. — 1. Upon the death of a person, who has been a participant of aid, assistance, care, services, or who has had moneys expended on his behalf by the department of health and senior services, department of social services, or the department of mental health, or by a county commission, the total amount paid to the decedent or expended upon his behalf after January 1, 1978, shall be a debt due the state or county, as the case may be, from the estate of the decedent. The debt shall be collected as provided by the probate code of Missouri, chapters 472, 473, 474 and 475.
2. Procedures for the allowance of such claims shall be in accordance with this chapter, and such claims shall be allowed as a claim of either the sixth or eighth class under subdivisions (6) and (8) of section 473.397.
3. Such claim shall not be filed or allowed if it is determined that:
(1) The cost of collection will exceed the amount of the claim;
(2) The collection of the claim will adversely affect the need of the surviving spouse or dependents of the decedent to reasonable care and support from the estate.
4. Claims consisting of moneys paid on the behalf of a participant as defined in 42 U.S.C. Section 1396 shall be allowed, except as provided in subsection 3 of this section, upon the showing by the claimant of proof of moneys expended. Such proof may include but is not limited to computerized records maintained by any governmental entity as described in subsection 1 of this section of a request for payment for services rendered to the participant, which shall be deemed to be competent and substantial evidence of payment.
5. The provisions of this section shall not apply to any claims, adjustments or recoveries specifically prohibited by federal statutes or regulations duly promulgated thereunder. Further, the federal government shall receive from the amount recovered any portion to which it is entitled.
6. Before any probate estate may be closed under this chapter, with respect to a decedent who, at the time of death, was enrolled in MO HealthNet, the personal representative of the estate shall file with the clerk of the court exercising probate jurisdiction a release from the MO HealthNet division evidencing payment of all MO HealthNet benefits, premiums, or other such costs due from the estate under law, unless waived by the MO HealthNet division.
Notes of Decisions
Est. of West v. Moffatt, 32 S.W.3d 648 (Mo. Ct. App. 2000).
· cites it 26× “West (Estate) on the Department’s claim seeking reimbursement under section 473.398, RSMo Cum.Supp 1995, for Medicaid expenditures paid to Donald D.”
In Re Est. of Jones, 280 S.W.3d 647 (Mo. Ct. App. 2009).
· cites it 30× “On appeal, Knight and Jones claim the probate court erred in allowing the petition for accounting because: (1) the State has not amended the definition of “estate” in the Medicaid estate recovery statutes, sections 473.398 and 473.399, 2 to include nonpro-bate transfers, (2) the…”
Est. of Pierce v. State of Missouri Dep't of Soc. Servs., 969 S.W.2d 814 (Mo. Ct. App. 1998).
· cites it 12× “The Department’s claim was filed pursuant to § 473.398, which allows the Department to recoup Medicaid benefits paid from a decedent’s estate when a Medicaid recipient dies.”
In Re the Est. of Bruce, 260 S.W.3d 398 (Mo. Ct. App. 2008).
· cites it 16× “2 says: For the purposes of this section, the providing of assistance shall create an obligation which may be recovered by filing a claim in the probate division of the circuit court against the decedent estate of the spouse of the deceased recipient upon such spouse's death as…”
Est. of Vickers, 35 S.W.3d 851 (Mo. Ct. App. 2001).
· cites it 10× “The State of Missouri, Department of Social Services (the “Department”), appeals a judgment entered in favor of the estate of Otis Vickers (the “Estate”) on the *852 Department’s claim seeking reimbursement under Section 473.398 1 for Medicaid expenditures.”
In Re Est. of Hayden, 258 S.W.3d 505 (Mo. Ct. App. 2008).
· cites it 7× “On October 10, 2006, Respondent filed a two-count petition against Appellants seeking to take charge and sell the Property and an action in accounting seeking to recover the Property and bring it into the Estate in order to pay the claim filed by DSS under Section 473.398. 1 On…”
In Re Est. of Newman, 58 S.W.3d 640 (Mo. Ct. App. 2001).
· cites it 5× “On December 29, 1999, the appellant filed a claim against the estate, pursuant to § 473.398 and § 473.399, seeking reimbursement of $40,625.”
Est. of Graham v. Kirkweg, 59 S.W.3d 15 (Mo. Ct. App. 2001).
· cites it 13× “Graham (Estate), on the Department’s claim seeking reimbursement under § 473.398, RSMo 2000 1 and § 473.399, for Medicaid expenditures paid on behalf of the decedent, Samuel, and his wife Doloris, who had predeceased him.”
Est. of Strayer v. State, Dep't of Soc. Servs., 339 S.W.3d 621 (Mo. Ct. App. 2011).
· cites it 6× “2 Section 473.398 allows the State to recover public assistance funds, including Medicaid benefits, which were expended on the decedent’s behalf during the decedent’s lifetime.”
Lake v. Levy, 390 S.W.3d 885 (Mo. Ct. App. 2013).
· cites it 4× “See Section 473.398. Granting the attorney fee lien a higher priority does not mean the Department takes upon itself any portion of those attorney fees, but only that the claimant’s attorney has a higher priority lien on the monies received for medical payments recovered through…”
In Re Est. of Shuh, 248 S.W.3d 82 (Mo. Ct. App. 2008).
· cites it 4× “Pursuant to Sections 473.398 and 473.399, which allow the Division to recover Medicaid assistance paid to a recipient’s surviving spouse’s estate, the Division filed a claim for recovery of Medicaid assistance against the Estate of Raymond V.”
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