Sec. 19. (a) If, while receiving Medicaid, a recipient becomes the owner of any:

(1) property;

Terms Used In Indiana Code 12-15-2-19

  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
(2) income; or

(3) resources;

in excess of the amount owned when the recipient’s eligibility was determined, the recipient shall immediately notify the county office of the receipt of possession of the property or income.

     (b) After an investigation of circumstances under subsection (a), the county office shall recommend to the office the cancellation or alteration of the amount of Medicaid in accordance with the circumstances.

     (c) Assistance paid after the recipient acquires possession of:

(1) property;

(2) income; or

(3) resources;

in excess of the recipient’s needs is recoverable by the office from the recipient or the estate of the recipient.

     (d) However, an eligible individual is not required to notify the division or county office of a Holocaust victim’s settlement payment received by the individual. A county office may not cancel or alter the amount of Medicaid received by the individual after the individual’s receipt of the payment. Assistance paid after the individual’s receipt of the payment is not recoverable by the office from the individual or the estate of the individual.

[Pre-1992 Revision Citation: 12-1-7-24.]

As added by P.L.2-1992, SEC.9. Amended by P.L.4-1993, SEC.112; P.L.5-1993, SEC.125; P.L.128-1999, SEC.20.