Montana Code 53-1-412. Collections from estates
53-1-412. Collections from estates. (1) The department has a claim against the estate of a resident and against the estate of a financially responsible person for the amounts that the department determined that the resident or financially responsible person was able to pay under 53-1-405, less any amounts actually paid by the resident, a financially responsible person, or a third party.
Terms Used In Montana Code 53-1-412
- Care: means the care, treatment, support, maintenance, and other services rendered by the department to a resident. See Montana Code 53-1-401
- Cost of care: means the applicable all-inclusive rate charges or per diem charges and ancillary charges for a resident's care that are determined as provided in this part. See Montana Code 53-1-401
- Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 53-1-401
- Dependent: A person dependent for support upon another.
- Financially responsible person: means a spouse of a resident, the natural or adoptive parents of a resident under 18 years of age, or a guardian or conservator to the extent of the guardian's or conservator's responsibility for the financial affairs of the person who is a resident under applicable Montana law establishing the duties and limitations of guardianships or conservatorships. See Montana Code 53-1-401
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Probate: Proving a will
- Resident: means any person who is receiving care from or who is a resident of an institution listed in 53-1-402. See Montana Code 53-1-401
- Third party: means any third-party individual or entity that is or may be liable to pay all or part of the charges for a resident's cost of care, including but not limited to applicable medicare, medicaid, and personal insurance or other similar health care benefits. See Montana Code 53-1-401
(2)The fact that a managed care organization contracting with the department to administer a mental health managed care program is or may be liable to pay or has paid an amount to an institution with respect to the resident does not reduce or otherwise affect the estate’s obligation to pay for the cost of care as provided in this part.
(3)Except as provided in subsection (4), the department’s claim under this section is enforceable against an estate after the death of a resident or financially responsible person. The department’s claim is timely if presented within the time specified in the published notice to creditors in the probate proceeding.
(4)The department’s claim under subsection (1) may be enforced only to the extent that enforcement does not deprive a surviving spouse or dependent child or parent of the resident or financially responsible person of:
(a)an amount necessary for reasonable living expenses or educational expenses; or
(b)real estate while it is occupied as a home by the surviving spouse or dependent child or parent of the resident or financially responsible person.