In an estate recovery case, an Indiana appeals court rules that the state's Medicaid agency is exempt from the statutory time period for filing claims against an estate. State ex rel. Family and Social Services Admin. v. Estate of Roy (Ind. Ct. App., No. 33A04-1105-ES-246, Feb. 29, 2012).
Phillip Roy died on November 2, 2008. On August 26, 2009, the Family and Social Services Administration (FSSA), Indiana's Medicaid agency, filed a petition to open an estate for Mr. Roy to allow the agency to enforce its claim for reimbursement of benefits provided to Mr. Roy during his lifetime. Subsequently, the estate's personal representatives denied the state's claim for reimbursement and the dispute was scheduled for trial. Following a hearing, the trial court also denied the state's claim, finding that the claim was time-barred because it was outside of the time limit within which claims may be filed against an estate, which in Indiana is nine months after death. The state appealed.
The Court of Appeals of Indiana reverses, holding that FSSA's claim is not time-barred because FSSA is a subdivision of the state and is therefore exempt from the nine-month filing requirement by unambiguous statutory language.
For the full text of this decision in PDF, go to: https://www.in.gov/judiciary/opinions/pdf/02291205jsk.pdf
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